Opinion
No. 426.
May 16, 1932.
Appeal from the District Court of the United States for the Southern District of New York.
Appeal from an order of the District Court for the Southern District of New York. The relator was ordered deported to Italy on the ground that he had been sentenced to imprisonment more than once. The relator sued out a writ of habeas corpus. The writ was sustained. The United States appeals.
Affirmed.
George Z. Medalie, U.S. Atty., of New York City (Harry G. Herman, Asst. U.S. Atty., of New York City, of counsel), for appellant.
John M. Lyons, of New York City (Mark E. Cymrot, of New York City, of counsel), for appellee.
Before MANTON, SWAN, and CHASE, Circuit Judges.
The order is affirmed on the authority of U.S. ex rel. Mignozzi v. Day (C.C.A.) 51 F.2d 1019.