Charged with a violation of 18 U.S.C. § 1407, in that on or about April 19, 1957, in El Paso County, Texas, within the El Paso Division of the Western District of Texas, Gilberto Estrada Palma, being a citizen of the United States who is addicted to and uses narcotic drugs, as defined by Section 4731 of Title 26 United States Code, entered into the United States of America at El Paso, Texas, which is a port of entry and border customs station, without registering with a customs official, agent or employee, in compliance with rules and regulations as prescribed by the Secretary of the Treasury of the United States, defendant moved to dismiss the indictment, and, the motion denied, was tried by the Court sitting without a jury. At the conclusion of the evidence, which came in without dispute and which, if the statute is not subject to the attacks upon its constitutionality, authorized the judgment and sentence, appellant moved for a judgment of acquittal on the grounds
The court overruled the motion and, finding appellant guilty as charged, sentenced him to serve a term of two years, and defendant is here seeking a reversal of the judgment upon the grounds urged below.
Citing United States v. Kahriger, 345 U.S. 22, 73 S.Ct. 510, 97 L.Ed. 754, the Government insists that, by failing to claim any constitutional privilege to which he may have been entitled at the time he was about to leave or enter the United States, appellant cannot now be heard to complain that he has been deprived thereof. In addition, pointing out that all of the grounds of attack upon the statute, which appellant makes here, were made and upon careful and full consideration rejected in the decision and opinion of the United States District Court for the Southern District of California, James M. Carter, Judge,
We agree with the United States that the statute and regulations are not subject to the attacks leveled against them and that the opinions above averted to correctly state and apply the governing principle. For the reasons and upon the considerations fully stated therein, the judgment in this case is affirmed.