Guarneri v. Kessler, 8500.
| Decision Date | 20 August 1938 |
| Docket Number | No. 8500.,8500. |
| Parties | GUARNERI v. KESSLER, District Director of Immigration, et al. |
| Court | U.S. Court of Appeals — Fifth Circuit |
George Piazza, of New Orleans, La., for appellant.
Rene A. Viosca, U. S. Atty., and Leon D. Hubert, Jr., Asst. U. S. Atty., both of New Orleans, La., for appellees.
Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.
Appellant was ordered deported under the provisions of Section 19 of the Immigration Act of 1917, 8 U.S.C.A. § 155, as an alien who had committed a crime involving moral turpitude, for which he was sentenced to the penitentiary for more than a year, within five years after his entry into the United States. His petition for release on habeas corpus was denied. This appeal is from that judgment.
There is no dispute as to the facts. Appellant was born in Italy and entered the United States on May 4, 1920, and has never been naturalized. On December 25, 1931, he left the United States and went to Havana, Cuba, where he remained for two or three days, returning to the United States on January 5, 1932. On April 6, 1936, he pleaded guilty in the United States District Court for the Eastern District of Louisiana to an indictment which charged him and fifteen other named persons with conspiring to smuggle, import and bring into the United States some 6,000 gallons of alcohol fit for and intended for beverage purposes, and with the substantive offenses of smuggling and concealing the illegally imported alcohol after it came into the United States, all with intent to defraud the United States, in violation of the Tariff Act of 1930, 19 U.S.C.A. § 1593(a). He was sentenced to serve a year and a day in a federal penitentiary. After the completion of his sentence he was arrested in January, 1937, and ordered deported under warrant issued on April 20, 1937.
Only two errors are assigned. One, that the five years, during which he might be deported, began to run from his first entry into the country in 1920 but that is not seriously pressed and, of course, is without substance. U. S. ex rel. Claussen v. Day, 279 U.S. 398, 49 S.Ct. 354, 73 L. Ed. 758. Two, that the crime for which he was sentenced did not involve moral turpitude.
It is apparent that the crimes for which he pleaded guilty were committed within five years after his entry. Moral turpitude is generally defined by the courts as "Anything done contrary to justice, honesty, principle or good morals." 5 Words and...
To continue reading
Request your trial
-
Jordan v. De George
...v. Reimer, 2 Cir., 113 F.2d 429, and Maita v. Haff, 116 F.2d 337, 9 Cir., hold this crime involves moral turpitude. Cf. Guarneri v. Kessler, 5 Cir., 98 F.2d 580, certiorari denied, 305 U.S. 648, 59 S.Ct. 229, 83 L.Ed. 5. Hearings before House Committee on Immigration and Naturalization on H......
-
Rosenberg v. Fleuti
...Cir. 1931); Taguchi v. Carr, 62 F.2d 307 (C.A.9th Cir. 1932); Ward v. De Barros, 75 F.2d 34 (C.A.1st Cir. 1935); Guarneri v. Kessler, 98 F.2d 580 (C.A.5th Cir. 1938), cert. denied, 305 U.S. 648, 59 S.Ct. 229, 83 L.Ed. 419; Del Castillo v. Carr, 100 F.2d 338 (C.A.9th Cir. 1938); United State......
-
Demore v. Kim
...refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved'"), with Guarneri v. Kessler, 98 F. 2d 580, 580-581 (CA5 1938) ("Moral turpitude" involves "`[a]nything done contrary to justice, honesty, principle or good morals'"), and Quilodran-Bra......
-
Tseung Chu v. Cornell
...122, certiorari denied 1938, 305 U.S. 611, 59 S.Ct. 69, 83 L.Ed. 388 (conspiracy to defraud by deceit and falsehood); Guarneri v. Kessler, 5 Cir., 1938, 98 F.2d 580, certiorari denied 1938, 305 U.S. 648, 59 S.Ct. 229, 83 L. Ed. 419 (conspiracy to smuggle and conceal imported alcohol with in......
-
"Crimes Involving Moral Turpitude": The Constitutional and Persistent Immigration Law Doctrine.
...Id. (80.) Id. (distinguishing Rousseau v. Weedin, 284 F.2d 565 (9th Cir. 1922)). (81.) See, e.g., Recent Decisions, Guarneri v. Kessler, 98 F.2d 580 (5th Cir. 1938), 37 MICH. L. REV. 1294, 1295 (1939) (describing the clear conditions for "moral turpitude" in the crimes of assault and mansla......
-
Rethinking the increased focus on penal measures in immigration law as reflected in the expansion of the "aggravated felony" concept.
...(24) Id. [section] 101(f)(3)-(f)(8). (25) 8 U.S.C. [section] 1227(a)(2)(A) (2006). (26) Id. (27) Id. (28) See, e.g., Guarneri v. Kessler, 98 F.2d 580 (5th Cir. 1938); Wing v. United States, 46 F.2d 755 (7th Cir. (29) BOUVIER'S LAW DICTIONARY: A CONCISE ENCYCLOPEDIA OF THE LAW 2246 (Francis ......