United States v. Danny Angelo Perez

Danny Angelo Perez appeals from his conviction, after a trial to the court without a jury, of bringing 65,000 seconal capsules into the United States from Mexico in violation of the general smuggling statute, 18 U.S.C. § 545 . According to the indictment, defendant violated section 545 in two particulars: (1) he violated the first paragraph of the section by failing to invoice the merchandise, and (2) he violated the second paragraph of that section by importing the merchandise contrary to law, in that the merchandise had not been presented for inspection, entered and declared as provided in 19 U.S.C. §§ 1459 , 1461, 1484 and 1485.

The facts were stipulated. Defendant, as the driver and sole occupant of an automobile, entered the United States at San Ysidro, California. At that time he knew that approximately 65,000 seconal capsules were hidden in his vehicle, yet he failed to declare them at the United States port-of-entry. At the trial Perez’ only defense was that 18 U.S.C. § 545 is unconstitutional as applied to him, because it required him to give evidence that would probably have been used against him in a state criminal prosecution.

Defendant renews that contention on this…