Eddie Pearl Clayton v. United States

Clayton appeals from a decision of the district court denying her motion for release under 28 U.S.C. § 2255 . We affirm.

Appellant was found guilty of two counts of possession and sale of heroin and one count of conspiracy to conceal and sell heroin under 21 U.S.C. § 174 . On July 15, 1967, she presented a package, the size and shape of a shoe box, to the freight agent of United Airlines at Los Angeles International Airport, and stated that the contents were books and shot glasses. Because Clayton appeared nervous and fidgety at the time, the agent became suspicious and with the permission of his supervisor opened the package. Inside, the agent found several books and papers and a rubber prophylactic containing the heroin. The authorities were notified.

Clayton’s conviction was upheld by this court; we rejected her contention that there had been search and seizure in violation of the Fourth Amendment. Clayton v. United States, 9th Cir. 1969, 413 F.2d 297 , cert. den. 399 U.S. 911 , 90 S.Ct. 2204 , 26 L.Ed.2d 565 (1970). After denial of her petition for certiorari, she filed the instant motion under § 2255.

Clayton’s attempt to relitigate the legality of the search and seizure…