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DA COSTA v. UNITED STATES

No. 22099.

397 F.2d 249 (1968)

John Antonio DA COSTA, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 11, 1968.

Attorney(s) appearing for the Case

C. V. Worrell (argued) of Worrell & Niles, Los Angeles, Cal., for appellant.

Phillip W. Johnson (argued), Asst. U. S. Atty., Edwin L. Miller, Jr., U. S. Atty., San Diego, Cal., for appellee.

Before CHAMBERS and ELY, Circuit Judges, and BYRNE, District Judge.

PER CURIAM:

The judgment of conviction is affirmed.

Da Costa, a United States citizen, went to Mexico. He had a record of prior narcotics convictions. Thus, when he crossed back into the United States he needed, under 18 U.S.C. § 1407, a certificate to surrender at the border. There is no question that he did not have the certificate.

But he was charged with crossing into the Southern Division of the Southern (Judicial) District of California...

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