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UNITED STATES v. WATKINS

No. 254, Docket 20965.

167 F.2d 659 (1948)

UNITED STATES ex rel. EICHENLAUB v. WATKINS.

Circuit Court of Appeals, Second Circuit.

May 3, 1948.

Attorney(s) appearing for the Case

Harold K. McKee, of New York City, for appellant.

John F. X. McGohey, U. S. Atty. for Southern Dist. of New York, of New York City (John F. Ryan, of New York City, of counsel), for appellee.

Before SWAN, CLARK and FRANK, Circuit Judges.

FRANK, Circuit Judge.

Relator contends that 22 U.S.C.A. § 233 was repealed and that therefore he was not convicted of any crime enumerated in 8 U.S.C.A. § 157. We cannot agree; the 1940 Act did not repeal but merely increased the penalty prescribed in 22 U.S. C.A. § 233.3 Nor do we agree with his contention that 8 U.S.C.A. § 157 does not include one who was a citizen when convicted but who is subsequently denaturalized...

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