E. Nadine Rodgers v. United States

Appellant appeals from the judgment of the district court, sitting without a jury, a jury having been expressly waived in writing and in open court by the appellant, finding her guilty of the offense of illegal importation of narcotics and sentencing her to custody for five years.

We will first outline the history of the proceedings leading up to the judgment from which appellant appeals in order to properly posture the grounds on which appellant relies for reversal.

There is no claim by appellant that she did not illegally import narcotics from the Republic of Mexico to the United States. Included in the written stipulation filed with the district court, to which further reference hereafter appears, is the following: “It is hereby further stipulated by and between the parties that on October 11, 1957, Nadine E. Rodgers brought into the United States from Mexico the powder contained in two rubber contraceptives that were later that day found in her possession at San Diego; that upon analysis said powder was found to be and is heroin ; that said heroin is the same evidence that defendants sought to suppress at the hearing of December 23 and 24 of 1957.”

Appellant contends on…