United States v. Correia, 11174.

Decision Date28 October 1953
Docket NumberNo. 11174.,11174.
CitationUnited States v. Correia, 207 F.2d 595 (3rd Cir. 1953)
PartiesUNITED STATES v. CORREIA.
CourtU.S. Court of Appeals — Third Circuit

J. J. Kilimnik, Philadelphia, Pa., for appellant.

D. Malcolm Anderson, Jr., Asst. U. S. Atty., Pittsburgh, Pa., for appellee.

Before MARIS, GOODRICH and KALODNER, Circuit Judges.

PER CURIAM.

The defendant has appealed from his conviction in the district court upon an indictment charging him, an alien crewman to whom a permit to land temporarily in the United States had been issued, with having wilfully remained in the United States in excess of the number of days allowed in his permit, in violation of section 1282(c) of title 8 U.S.C.A. He attacks the indictment, the sufficiency of the evidence and the constitutionality of section 1357(a) (1) of title 8 U.S.C.A., under the authority of which immigration officers had interrogated the defendant as to his right to remain in the United States. We have considered the defendant's...

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5 cases
  • United States v. Bowman
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • November 29, 1973
    ...The constitutionality of this provision has been consistently upheld. Fernandez v. United States, 9 Cir., 321 F.2d 283; United States v. Correia, 3 Cir., 207 F.2d 595; United States v. Montez-Hernandez, E.D.Cal., 291 F. Supp. 712. The brief detention of a motorist for the purpose of determi......
  • United States v. Montez-Hernandez
    • United States
    • U.S. District Court — Eastern District of California
    • October 16, 1968
    ...motorists.6 This statute has been held constitutional. Fernandez v. United States, 321 F.2d 283 (9th Cir. 1963); United States v. Correia, 207 F.2d 595 (3d Cir. 1953). Therefore, if it was constitutional to question defendant as to his citizenship, it cannot be unconstitutional to ask for p......
  • U.S. v. Martinez, 74-1227
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • December 16, 1974
    ...507 F.2d 58 ... UNITED STATES of America, Plaintiff-Appellee, ... Thomas Michael MARTINEZ, ... United States, 9 Cir., 321 F.2d 283; United States v. Correia, 3 Cir., ... 207 F.2d 595; United States v. Montez-Hernandez, E.D.Cal., ... ...
  • Tsimounis v. Holland, Civ. A. No. 19123.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • July 21, 1955
    ...however, that the constitutionality of these sections was expressly raised by plaintiff's own counsel in the case of United States v. Correia, 1953, 3 Cir., 207 F.2d 595 where, in a per curiam opinion, the United States Court of Appeals for the Third Circuit upheld the constitutionality of ......
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