Albert Lopez Gallego v. United States

Albert Lopez Gallego appeals from his conviction and sentence on a charge of unlawful importation of marijuana, in violation of 21 U.S.C.A. § 176a. Two questions are presented here. The first is whether, because of an asserted missing link in the chain of evidence relating to the custody of a can and a sack containing marijuana, it was error to admit these articles into evidence as exhibits. The second is whether the sentence imposed in conformity with 21 U.S. C.A. § 176a and 26 U.S.C.A. § 7237 (d) constitutes cruel and unusual punishment within the meaning of the Eighth Amendment.

Concerning the question as to the admissibility of evidence, the relevant facts are as follows: Appellant entered the United States from Mexico on April 3, 1959, and was stopped at the border by an immigration inspector and a customs inspector. In the trunk of appellant’s car the immigration inspector found a paper sack which contained a substance which appeared to be marijuana. He handed the sack to the customs inspector who, in turn, gave it to Fred Valenzuela, Deputy Collector of Customs, at the latter’s nearby home. Valenzuela then took the sack to his office in the Customs House at Naco and put it…