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UNITED STATES v. KESSLER

No. 8232.

88 F.2d 301 (1937)

UNITED STATES ex rel. AZZARELLO v. KESSLER.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 22, 1937.

Attorney(s) appearing for the Case

R. A. Dowling, of New Orleans, La., and Joseph S. Guerriero, of Monroe, La., for appellant.

Ben F. Roberts, U. S. Atty., and J. Fair Hardin and Whitfield Jack, Asst. U. S. Attys., all of Shreveport, La., and Leon D. Hubert, Jr., Asst. U. S. Atty., of New Orleans, La., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

John Azzarello came to the United States in 1903. In 1920, in Ohio, he entered a plea of guilty to a charge of second-degree murder, and was sentenced to the penitentiary for life. In 1924, he was granted a commutation of sentence to the time already served, on condition that he leave the United States and never return. Thereafter, he remained outside the United States until December 26, 1927, when he returned, using a passport issued to another...

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