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UNITED STATES v. DAY

No. 374.

42 F.2d 217 (1930)

UNITED STATES ex rel. ALLESSIO v. DAY, Commissioner of Immigration at Port of New York.

Circuit Court of Appeals, Second Circuit.

May 19, 1930.

Attorney(s) appearing for the Case

Vito Marcantonio, of New York City, for appellant.

Charles H. Tuttle, U. S. Atty., of New York City (Frank W. Ford, Asst. U. S. Atty., of New York City, of counsel), for appellee.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

PER CURIAM.

The appellant, a native of Italy, was born November 9, 1898, and entered the United States during the year 1900. On May 7, 1919, he was convicted of the crime of manslaughter in the first degree and sentenced to a term of from four years and three months to ten years. On September 30, 1922, he was paroled. He left the United States on September 5, 1925, going to Italy and returning on March 3, 1926, having in his possession a re-entry permit. On September...

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