United States v. Wing

KERRIGAN, District Judge.

Two of these defendants have pleaded guilty and the other has been convicted of violation of thq Narcotic Drugs Import and Export Act of February 9, 1909, as amended by the Act of May 26, 1922 (Comp. St. Ann. Supp. 1923, §§ 8800, 8801, 8801c-8801d, 8801f, 8801g), and in pronouncing judgment in each of these eases, among other things, the court directed that the defendant be not deported. The government, taking the position that this recommendation was without the power of the court, now moves to strike the same from the judgments.

Subdivision (e) of section 2 of the…