Hill v. United States ex rel. Weiner

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 in an equity proceeding brought by the United States under the Sherman Anti-Trust Act (15 U.S.C.A. §§ 1, 2, 3).

The decree which…