United States v. Ritterman, 273 U.S. 261 (1927)

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United States v. Ritterman


No. 669


Argued January 19, 1927
Decided February 21, 1927
273 U.S. 261

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. The crime of smuggling, as defined by § 593(a) of the Tariff Act of 1922, is consummated if dutiable merchandise is clandestinely brought into the United States concealed in the owner’s baggage after the owner has fraudulently procured a waiver of inspection in the United States by false statement to a customs officer stationed abroad. So held where the waiver was rescinded after the owner and baggage had crossed the international boundary, and the owner, upon arrival at the first port of entry, fraudulently failed to declare dutiable articles when called upon. Keck v. United States, 172 U.S. 434, distinguished. P. 268.

2. Confession in the customs house when the dutiable articles were about to be discovered did not purge the owner of the offense. P. 269.

3. Under the above stated circumstances, the owner was not entitled to forty-eight hours, or any time, to change his mind and make entry of the goods. P. 269.

12 F.2d 849 reversed.

Certiorari (post, p. 685) to a judgment of the circuit court of appeals which reversed a conviction of the respondent for smuggling diamonds into the United States from Canada.