Theodulo Nava Reyes v. United States of America, Federico Perez v. United States

Each appellant was convicted of a violation of 18 U.S.C. § 1407 . This statute became effective as of July 18, 1956.

I. The Statute

Because of the language used in that statute, and particularly in its preamble, we quote the entire section:

Appeals from the convictions below lie here. 28 U.S.C. § 1291 .

71. Facts

It was stipulated in the lower court that Reyes, a citizen of the United States, pleaded guilty on June 4, 1943, to a charge of possession of marijuana then proscribed by § 11160 (now § 11500) of the Health and Safety Code of the State of California. Reyes was charged with a felony, but sentenced to only sixty days in the County Jail. Reyes, subsequent to the passage of § 1407 of Title 18, never registered as a narcotic violator, nor did he apply for the “departure” certificate mentioned in said section. No such certificate was issued. On the morning of March 4, 1957 Reyes left the United States for Mexico and returned, entering the United States on that date without registering or otherwise complying with the statute.

At the trial three questions were asked Reyes — as to his knowledge of the law; whether he had an intent to violate it; and, whether or not he had…