74 F.2d 740 | 5th Cir. | 1935
This is an appeal from an order discharging a writ of habeas corpus and remanding the petitioner to the custody of the marshal for the Eastern District of Louisiana, for commitment to the Atlanta Penitentiary.
In support of his first contention, appellant relies on our decision in Bertsch v. Snook, 36 F.(2d) 155; but it is immaterial at this time to inquire whether this position is tenable, for in any event appellant, not having served any part of the sentence imposed in the second case, is not entitled to be set free. We think that at least the second sentence remains valid and enforceable notwithstanding the repeal of the Eighteenth Amendment. And we think so because the judgment was valid when rendered, and remained valid without the necessity of being constantly renewed, as was held by this court in Hosier v. Aderhold, 71 F.(2d) 422. There was no suspension of the sentence in the second case, but there was merely a postponement, a withholding at appellant’s request, of the order of commitment.
The judgment is affirmed.