United States v. Angelo Meli

U.S. Court of Appeals for the Sixth Circuit
United States v. Angelo Meli, 265 F.2d 222 (6th Cir. 1959)
1959 U.S. App. LEXIS 4228
Allen, McALLISTER, Miller, Per Curiam

United States v. Angelo Meli

Opinion of the Court

PER CURIAM.

In an action to revoke the citizenship of appellee on the ground that he had fraudulently concealed the fact that he had filed two prior petitions for naturalization, and had also concealed a criminal record, the district court held that the government had failed to prove the alleged fraud or illegality by clear, unequivocal, and convincing evidence. The facts are fully stated in the opinion of Judge Levin, of the district court, reported in United States v. Meli, D.C.E.D.Mich., 158 F.Supp 217. We are of the view that the judgment should be, and is, hereby affirmed, for the reasons set forth in the opinion of the district judge.

Dissenting Opinion

MILLER, Circuit Judge

(dissenting).

I am of the opinion that the documentary evidence and the supporting testimony of the naturalization examiner with respect to appellee’s concealment of his prior criminal record, fully sustained the burden of proof resting upon the Government, although the examiner had no independent recollection of the ap-pellee and of the answers he made in his examination of him about twenty-six years prior thereto. Corrado v. United States, 6 Cir., 227 F.2d 780, certiorari denied, 351 U.S. 925, 76 S.Ct. 781, 100 L.Ed. 1455; United States v. Montalbano, 3 Cir., 236 F.2d 757, 759, certiorari denied, Genovese v. U. S., 352 U.S. 952, 77 S.Ct. 327, 1 L.Ed.2d 244; Stacher v. United States, 9 Cir., 258 F.2d 112, 120-123; United States v. Accardo, 113 F.Supp. 783, 784-785, affirmed, 3 Cir., 208 F.2d 632, certiorari denied, 347 U.S. 952, 74 S.Ct. 677, 98 L.Ed. 1098.

I am of the opinion that the judgment should be reversed.

Reference

Full Case Name
UNITED STATES of America, Appellant, v. Angelo MELI, Appellee
Status
Published