United States v. Elvira Coronado-Sandez

430 F.2d 1312, 1970 U.S. App. LEXIS 7453

• Court: Court of Appeals for the Ninth Circuit
• Decided: September 4, 1970
• Docket: 23308_1
• Status: Published

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.