United States v. Mancuso

420 F.2d 556 (2nd Cir. 1970)

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Nature of the Case

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Facts

18 U.S.C. §1407 requires any citizen convicted of narcotics or marijuana offenses, as well as those who are addicted to, or 'use' narcotic drugs, to register with customs officials on leaving and entering the country. On September 20, 1950, D was convicted of violating the federal narcotics laws, and sentenced to three years probation. Almost seventeen years later, on January 18, 1967, D boarded a plane at Kennedy Airport in New York and flew to England. He returned six days later. D did not fill out the registration forms required by the statute and the applicable regulations. At trial showing that there was some evidence of signs at Kennedy Airport indicating the existence of the registration requirement. There were no signs at the BOAC terminal from which D departed. The court found as a fact that the D did not have knowledge of the registration requirement in both of the instances as to which he is charged. D was charged with two counts of violating section 1407; one for leaving the country without registering, and one for entering without registering. He was convicted on both counts and sentenced to one year in jail and $1000 on count 1, and three years on count 2, to run consecutively after count 1. Sentence on count 2 was suspended, with five years probation. D appealed.