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Marcello v. Brownell

United States Court of Appeals, District of Columbia Circuit
Jun 13, 1957
245 F.2d 279 (D.C. Cir. 1957)

Summary

proceeding to deport holding Marcello to be deportable

Summary of this case from United States v. Marcello

Opinion

Nos. 13595, 13653.

Argued December 11, 1956.

Decided June 13, 1957.

Mr. David Carliner, Washington, D.C., with whom Mr. Jack Wasserman, Washington, D.C., was on the brief, for appellant.

Mr. Milton Eisenberg, Asst. U.S. Atty., with whom Messrs. Oliver Gasch, U.S. Atty., Lewis Carroll and Joseph M.F. Ryan, Jr., Asst. U.S. Attys., were on the brief, for appellee.

Before WILBUR K. MILLER, BAZELON and WASHINGTON, Circuit Judges.


Appellant was convicted in 1938 of a violation of 26 U.S.C. § 2591, the Marijuana Tax Act of August 2, 1937. It is conceded that, until the enactment of the Immigration and Nationality Act of 1952, appellant was not deportable. The question is whether, by virtue of §§ 241(a) (11) and 241(d) of that Act, 8 U.S.C. § 1251 (a) (11) and 1251(d), appellant's 1938 conviction renders him deportable, as the District Court held in the judgment now under review. The Supreme Court has answered that question in the affirmative. Mulcahey v. Catalanotte, 77 S.Ct. 1025.

Affirmed.


Summaries of

Marcello v. Brownell

United States Court of Appeals, District of Columbia Circuit
Jun 13, 1957
245 F.2d 279 (D.C. Cir. 1957)

proceeding to deport holding Marcello to be deportable

Summary of this case from United States v. Marcello
Case details for

Marcello v. Brownell

Case Details

Full title:Carlos MARCELLO, Appellant, v. Herbert BROWNELL, Jr., Attorney General of…

Court:United States Court of Appeals, District of Columbia Circuit

Date published: Jun 13, 1957

Citations

245 F.2d 279 (D.C. Cir. 1957)

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