No. 1355.

83 F.2d 375 (1936)

NICOLI v. BRIGGS, Immigration Inspector.

Circuit Court of Appeals, Tenth Circuit.

April 7, 1936.

Attorney(s) appearing for the Case

William G. Lynch, of Kansas City, Mo., for appellant.

Summerfield S. Alexander, U. S. Atty., and Homer Davis, Asst. U. S. Atty., both of Topeka, Kan., for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

McDERMOTT, Circuit Judge.

Nicoli, confessedly an alien, pled guilty to an indictment charging him with the sale on December 30, 1932, of narcotics not from the original stamped package and upon which the tax had not been paid. The statute, 8 U.S.C.A. § 156a, directing deportation of aliens who were convicted after February 18, 1931, of violating the narcotic act, the Secretary of Labor, after a hearing, ordered his return to Italy. Thereupon this petition for...


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