70 F.2d 1006 | 3rd Cir. | 1934
This is an appeal from the denial of a writ of habeas corpus by Judge Johnson.
The relator was tried, convicted, and sentenced on September 14, 1932, in the United States District Court for the District of New Hampshire for transporting two gallons of intoxicating liquor fit for beverage purposes in violation of the National Prohibition Act (27 USCA).
The relator was sentenced to three years imprisonment,' this being his fourth offense.
He contends that the repeal of the National Prohibition Act makes it illegal for him to serve the balance of his term. He applied to the District Court of the United States for a writ of certiorari, but that was denied. He is now prosecuting this appeal from the denial of the writ by Judge Johnson. In the U. S. v. Chambers Case, 54 S. Ct. 434, 436, 78 L. Ed —, 89 A. L. R. 1510, the Supreme Court expressly excluded from the scope of that opinion persons who were serving sentences upon final judgments. It said: “We are not dealing with a case where final judgment was rendered prior to that ratification. Such a ease would present a distinct question which is not before us.”
The District Judge did not err in denying the writ of habeas corpus, and his order is affirmed.