Ricardo Santana v. United States

WOODBURY, Chief Judge.

The only question on this appeal from a judgment of conviction and sentence for depositing lottery tickets in the mail in violation of Title 18 U.S.C. § 1302 is whether a package, mailed by the appellant and found on inspection by the postmaster at the place of mailing to contain 55 tickets of the lottery 'of Puerto Rico, was subject to opening and inspection without a search warrant.

The facts of the mailing are undisputed. On January 27, 1961, the defendant-appellant presented a package wrapped in paper and tied with a string weighing between three and four pounds at…