Bruce Arnold Haserot (appellant) having waived jury trial, was tried and convicted by the district court under an indictment charging him, on or about May 14, 1962, with returning to and entering the United States without registering with a Customs official, agent or employee at his point of entry as required by law, and without surrendering the certificate (which the law required him to obtain before leaving the United States) to said Customs official, agent or employee, in violation of 18 U.S.C. § 1407 . Appellant was sentenced to two years imprisonment, subject to the provisions of 18 U.S.C. § 4208 (a) (2).

The jurisdiction of the district court was based on 18 U.S.C. § 3231 ; this court has jurisdiction under the provisions of 28 U.S.C. §§ 1291 and 1294 d).

There is no factual dispute in this case. Title 18 United States Code § 1407 (a) provides, in part:

On October 19, 1959, in the Superior Court, County of Los Angeles, State of California, appellant had been convicted of a violation of Section 11502 (now Section 11503) of the California Health and Safety Code. This section states:

On May 14, 1962, appellant, a citizen of the United States, did return and enter the United States at the Port of San Diego (San Ysidro), California, without registering with a Customs official, agent or employee at this point of entry, and without surrendering a certificate, showing that he had registered, to the Customs official, agent or employee.

The sole question on appeal is whether Section 11503 is a “narcotic or marihuana” law of the State of California within the meaning of 18 U.S.C. § 1407 (a).

Appellant contends that Section 11503 is “merely a legislative enlargement of the California ‘bunco’ law,” and not a narcotic law. (Appellant’s Brief, p. 7).

It seems clear to us that Section 11503 is a “narcotic or marihuana” law of the State of California. It is found in the California Health and Safety Code under Division X, entitled “Narcotics,” and under Chapter 5, entitled “Illegal Narcotics.” This section is listed among the prior narcotics offenses precluding probation in the event of a subsequent conviction. (Cal. H. & S. Code, § 11715.-6.) It is one of those narcotic offenses involving increased potential punishment limits in the event of a subsequent conviction. (Cf. Cal. H. & S. Code §§ 11500 , 11500.5, 11501, 11502 and 11502.-1.) Persons convicted of violating Section 11503 are required to register under Article 6 of the California Health and Safety Code, entitled “Registration of Narcotic Offenders” ( Cal. H. & S. Code §§ 11850 .)

The judgment of the district court is affirmed.