United States v. Littleton

• Decision Date: 08 February 1924
• Docket Number: No. 1587.,1587.
• Citation: 1 F.2d 751
• Parties: UNITED STATES v. LITTLETON.
• Court: U.S. District Court — Northern District of California

1 F.2d 751 (1924)

UNITED STATES v. LITTLETON.

No. 1587.

District Court, N. D. California, S. D.

February 8, 1924.

John T. Williams, U. S. Atty., and Thomas J. Riordan and Alma M. Myers, Asst. U. S. Attys., all of San Francisco, Cal.

Preston & Duncan, of San Francisco, Cal., for defendant.

RUDKIN, Circuit Judge.

On the 29th day of May, 1919, one John Poco verified a petition, entitled in the superior court of the state of California, in and for the city and county of San Francisco, setting forth, among other things, that he was duly admitted to be a citizen of the United States in that court on the 8th day of April, 1904; that his naturalization papers were destroyed by fire in the city and county of San Francisco in 1906, without fault or neglect on his part; that the entire record of the proceedings in the superior court was destroyed at the same time; and praying that the destroyed record be restored.

On the 14th day of December, 1923, an indictment containing two counts was returned against the defendant herein, in the United States District Court for the District of Nevada. The first count charges that the defendant did then and there willfully, unlawfully, and knowingly aid, abet, counsel, induce, and procure Poco to make the aforesaid affidavit, and that such affidavit was false and untrue. The second count charges that the defendant did then and there willfully, unlawfully, and knowingly aid, advise, and encourage Poco, a citizen of the republic of France, who was not entitled to secure naturalization in the United States, to secure such naturalization, and Poco did by reason thereof secure the same.

The indictment was returned under section 23 of the Naturalization Act of June 29, 1906 (34 Stat. 603 Comp. St. § 4379), which reads as follows:

"That any person who knowingly procures naturalization in violation of the provisions of this act shall be fined not more than five thousand dollars, or shall be imprisoned not more than five years, or both, and upon conviction the court in which such conviction is had shall thereupon adjudge and declare the final order admitting such person to citizenship void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. Any person who knowingly aids, advises, or encourages any person not entitled thereto to apply for or to secure naturalization, or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both."

A complaint for the removal of the defendant from the Northern district of California to the district of Nevada for trial was thereupon filed before a United States commissioner. The commissioner held the defendant to answer before the court in Nevada, and the entire proceedings are now...