Helen Maxine Levi Travis v. United States

This appeal is from a judgment and conviction for violation of 8 U.S.C. § 1185 (b) and the regulations thereunder, Sections 53.1 through 53.9, Title 22, Code of Federal Regulations as amended. The indictment in two counts charged that on January 22, 1962, and August 18, 1962, the appellant knowingly and willfully departed the United States for Cuba without a valid passport for such travel. A jury trial was waived and appellant was tried by the court on an agreed Stipulation of Facts.

Appellant is an American citizen. At all times pertinent and material she did not bear a valid United States passport specifically endorsed for travel to Cuba. Appellant had knowledge of the provisions of 8 U.S.C. § 1185 (b) and 22 CFR 53.2 and 53.3. Appellant made two trips to Cuba from the United States, both via Mexico. She obtained permission of the Cuban government to enter Cuba after her arrival in Mexico. On both occasions of her departure from the United States it was appellant’s intention to travel to Cuba.

Zemel v. Rusk, 381 U.S. 1 , 85 S.Ct. 1271 , 14 L.Ed.2d 179 , was decided by the Supreme Court in May, 1965, after this case had been argued. It was a civil action brought to compel the…