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UNITED STATES v. SHELLEY

No. 116, Docket 23246.

218 F.2d 157 (1954)

UNITED STATES of America, Plaintiff-Appellee, v. James SHELLEY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 29, 1954.

Attorney(s) appearing for the Case

Edgar G. Brisach, Asst. U. S. Atty., Brooklyn, N. Y. (Leonard P Moore, U. S. Atty., Brooklyn, N. Y., on the brief), for plaintiff-appellee.

Louis J. Castellano, Jr., Brooklyn, N. Y., for defendant-appellant.

Before CLARK, Chief Judge, and FRANK and HARLAN, Circuit Judges.

CLARK, Chief Judge.

Defendant Shelley was prosecuted below on an information charging misuse of a passport in violation of 18 U.S.C. § 1544. The case was tried to the court on a stipulation of facts stating that Shelley had delivered a passport made out in his name to one Claflin in the Southern District of New York, knowing that Claflin intended to use the passport to obtain the illegal entry into the United States of an alien named Koch. Thereafter Claflin...

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