Eddie Pearl Clayton v. United States

Appellant was convicted on two substantive counts (possession and sale) of heroin, and one count of conspiracy to conceal and sell heroin. 21 U.S.C. § 174.

Appellant first urges that Leary v. United States, 395 U.S. 6, 89 S.Ct. 1532, 23 L.Ed.2d 57, (1969), is controlling. We hold it is not, by its express terms. Id. at 45, 89 S.Ct. 1553 n. 92. Thus, Yee Hem v. United States, 268 U.S. 178, 45 S.Ct. 470, 69 L.Ed. 904 (1925), still controls.

Appellant next suggests the heroin was seized after a warrantless and hence illegal search and seizure of his air express shipment — either (a) by the…