United States v. Rosa Reyes-Meza De Polanco

Appellant raises two points upon her appeal from her conviction for violating 21 U.S.C. § 176a (smuggling marihuana) : (1) The record does not adequately demonstrate that appellant’s waiver of her right to jury trial was freely and voluntarily made, and (2) Section 176a is unconstitutional as applied to appellant, because had she complied with the federal statutes that would have made her importation legal (the disclosure and registration statutes, 19 U.S.C. §§ 1459, 1461, 1481(a) (3), 26 U.S.C. §§ 4751-4755), she would have potentially incriminated herself under state laws penalizing…