U.S. Court of Appeals for the Ninth Circuit, 1970

United States v. Elvira Coronado-Sandez

U.S. Court of Appeals for the Ninth Circuit · Decided September 4, 1970 · Barnes, Browning, Per Curiam, Solomon

430 F.2d 1312; 1970 U.S. App. LEXIS 7453 (Federal Reporter, Second Series)

Counsel

J. Edward Harris, Federal Defenders, Inc., San Diego, Cal., for appellant., Edwin L. Miller, U. S. Atty., Raymond Zvetina, Asst. U. S. Atty., San Diego, Cal., for appellee.

Cases that cite this one

1 later published case cites this decision.

United States v. Paul David Sutton, Jr. (9th Cir. 1971)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

PER CURIAM:

Elvira Coronado-Sandez appeals her conviction of smuggling and clandestinely introducing into the United States about 250 pounds of marijuana. 21 U.S.C. § 176a. Her sole claim is that 21 U.S.C. § 176a is unconstitutional because compliance with it would have required her to invoice the marijuana and subject herself to prosecution under state law. Appellant relies on Marchetti v. United States, 390 U.S. 39, 88 S.Ct. 697, 19 L.Ed.2d 889 (1968), and Grosso v. United States, 390 U.S. 62, 88 S.Ct. 709, 19 L.Ed.2d 906 (1968). We have also considered her claim on the basis of Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57 (1969).

We affirm the judgment of conviction and sentence on the authority of Witt v. United States, 413 F.2d 303 (9th Cir. 1969), and United States v. Simon, 424 F.2d 1049 (9th Cir. 1970).

Affirmed.

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