Opolich v. Fluckey

SIBLEY, District Judge.

The applicant came to America in 1913, and pleaded guilty in 1928 to four counts of an indictment charging four connected crimes of counterfeiting. The judge sentenced him to a fine and two years in the penitentiary without specifically stating which counts the sentence was upon or whether it was upon each of them, but simply stated that the service was to be concurrent. It is impossible to tell whether there was a deliberate purpose to sentence separately for each of the four counts or not. The applicant has served this sentence and is now held for deportation on the…