U.S. Court of Appeals for the Fifth Circuit, 1926

Sofge v. Snook

U.S. Court of Appeals for the Fifth Circuit · Decided October 5, 1926 · Walker

15 F.2d 561; 1926 U.S. App. LEXIS 2945 (Federal Reporter, Second Series)

Counsel

Hooper Alexander, of Atlanta, Ga., and Thomas W. Hardwick, of Dublin, Ga., for appellant., J. W. Henley, Asst. U. S. Atty., of Atlanta, Ga., for appellee.

Cases that cite this one

1 later published case cites this decision.

Cain v. United States (8th Cir. 1927)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

WALKER, Circuit Judge.

This is an appeal from an order discharging a writ of habeas corpus, sued out by the appellant, who was imprisoned in the United States penitentiary at Atlanta, pursuant to a sentence imposed, following his entering a plea of guilty to a count of an indictment which charged him with a violation of section 2 of the Anti-Narcotic Act, as amended. Comp. Stat. §§ 6287g, 6287h. The right to a discharge was claimed on the ground that that act is unconstitutional.

The Supreme Court of the United States has decided that that act is constitutional. United States v. Doremus, 249 U. S. 86, 39 S. Ct. 214, 63 L. Ed. 493; Webb v. United States, 249 U. S. 96, 39 S. Ct. 217, 63 L. Ed. 497; United States v. Wong Sing, 260 U. S. 18, 43 S. Ct. 7, 67 L. Ed. 105; United States v. Jin Fuey Moy, 241 U. S. 394, 36 S. Ct. 658, 60 L. Ed. 1061, Ann. Cas. 1917D, 854. We are bound to follow those decisions, so long as they have not been departed from by the court which rendered them. Teter v. United States (C. C. A.) 12 F.(2d) 224.

The order appealed from is affirmed.

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