EVANS, Circuit Judge.
Following a conviction of a violation of the "act to prohibit the importation and use of opium for other than medicinal purposes," appellant, an alien, served his sentence in the penitentiary. Upon a discharge the government sought to deport him, relying upon section 2, subd. (e), of the 1922 amendment, sometimes known as the Jones-Miller Act (Comp. St. Ann. Supp. 1923, § 8801), which reads as follows:
"Any alien who at any time...
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