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HILL v. UNITED STATES

No. 5895.

84 F.2d 27 (1936)

HILL, Warden, v. UNITED STATES ex rel. WEINER.

Circuit Court of Appeals, Third Circuit.

On Rehearing June 8, 1936.

Attorney(s) appearing for the Case

Walter L. Rice, Sp. Asst. to the Atty. Gen., John Dickinson, Asst. Atty. Gen., Wendell Berge, Sp. Asst. to the Atty. Gen., and Herman Reich, Asst. U. S. Atty., of Sunbury, Pa., for appellant.

Morgan S. Kaufman, of Scranton, Pa., and Julius I. Puente, of New York City, for appellee.

Before DAVIS and THOMPSON, Circuit Judges, and WATSON, District Judge.

DAVIS, Circuit Judge.

This is an appeal from an order of the district court discharging Joseph Weiner from the United States Northeastern Penitentiary on the ground that the United District Court for the Southern District of New York had no power to sentence him upon conviction for criminal contempt for a longer period than six months. He was sentenced upon his conviction by the New York court to serve two years in the penitentiary for having violated a decree entered...

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