United States v. Loretta Mae Park

Appellant was convicted on February 24, 1975, of attempting to introduce 30 valium tablets concealed in a vaseline coated balloon (i. e., one suitably prepared for body cavity concealment) onto the grounds of the Terminal Island Federal Correctional Institution in violation of 18 U.S.C. § 1791 .

Appellant on this appeal alleges six grounds for reversal: (1) that the trial court violated Rule 32 of the Federal Rules of Criminal Procedure, by reading appellant’s pre-sentencing report prior to determining defendant’s guilt; (2) that 18 U.S.C. § 1791 on its face is unconstitutionally vague and overbroad; (3) that § 1791 is unconstitutional as applied to appellant; (4) that the trial court prejudiced appellant’s rights by allowing the government to reopen its case twice, and allegedly applying the wrong standard of proof; (5) that the government’s proof was at variance with the indictment; and (6) that there was insufficient evidence to support appellant’s conviction.

I

We find appellant’s first argument to be well taken. Rule 32 states:

The United States Supreme Court interpreting Rule 32 in Gregg v. United States, 394 U.S. 489 , 89 S.Ct. 1134 , 22 L.Ed.2d 442 (1969),…