Miller v. United States

DENMAN, Circuit Judge.

This is an appeal from a judgment on the pleadings in a cause of action based upon -a prior judgment entered in 1933, for the amount of a fine, a part of a criminal sentence on conviction of a federal offense in the United States District Court for the Southern District of California.

Appellant does not question that such judgment for a fine is a cause of action for the recovery of a second judgment. Smith v. United States, 9 Cir., 143 F.2d 228, cer-tiorari denied 323 U.S. 729, 65 S.Ct. 65, 89 L.Ed. 585. His sole contention is that the denial of a prior petition in 1945…