Victor Tabarez Navarro v. United States

Navarro appeals from the denial of his petition for a writ of error coram nobis.

The District Court had jurisdiction under 28 U.S.C. § 1651 ; we have jurisdiction under 28 U.S.C. § 1291 .

In 1955, Navarro pled guilty to a charge of violation of 26 U.S.C. § 4744 (a), in that he was a transferee of marihuana who had not paid the tax required by 26 U.S.C. § 4741 (a). In Leary v. United States, 1969, 395 U.S. 6 , 89 S.Ct. 1532 , 23 L.Ed.2d 57 , and United States v. Covington, 1969, 395 U.S. 57 , 89 S.Ct. 1559 , 23 L.Ed.2d 94 , the Court held that invocation of the privilege against self-incrimination would provide a complete defense to the foregoing charge. In United States v. Ingman, 9 Cir., 1970, 426 F.2d 973 , we held that Leary is retroactive. We followed United States v. Meadows, 9 Cir., 1969, 420 F.2d 795 , where we also held that a guilty plea entered at a time when the defendant could not know of the defense, was not a waiver of it. (426 F.2d p. 797) (Meadows involved 26 U.S.C. §§ 5851 and 5841, but the principle is the same.) The government relies on United States v. Weber, 9 Cir., 1970, 429 F.2d 148 , in which doubt was expressed as to the authority of Ingman and Meadows.…