Sharon Jeanne Weissman v. United States

Appellant was convicted by a jury of a violation of 18 U.S.C. § 1407 , which provides in material part that:

The jury specifically found, however, that at the time of the commission of the offense, appellant was a user of narcotic drugs, but was not addicted to narcotic drugs.

Appellant challenges the constitutionality of 18 U.S.C. § 1407 , contending:

(1) that the phrase covering one who “uses narcotic drugs” is void for vagueness;

(2) that compliance with the section would contravene the privilege against self-incrimination; and

(3) that the burdens of the section constitute cruel and unusual punishment.

As will appear later, inasmuch as our decision on the first point is dispositive of the entire case, we do not reach the last two contentions.

The constitutionality of § 1407 has been sustained against similar attack by a defendant “addicted to” narcotic drugs. United States v. Eramdjian, S.D.Cal.1957, 155 F.Supp. 914 , cited with approval in Reyes v. United States, 9 Cir. 1958, 258 F.2d 774 . See also Palma v. United States, 5 Cir. 1958, 261 F.2d 93 . In Reyes the statute’s constitutionality was unsuccessfully attacked by two defendants, one of whom had been convicted of…