Meltzer

Meltzer v. United States (Two Cases). Ex Parte Meltzer

Good Law
188 F.2d 913·1951 U.S. App. LEXIS 3126
United States Court of Appeals for the Ninth CircuitApril 13, 195112887California1,396 words

Opinion

Opinion

Fee, J.

The Grand Jury of the Southern District of New York returned into the United States District Court an indictment found a true bill against Harold Meltzer charging that Meltzer and others within the jurisdiction did conspire to import and to buy, sell and transport unlawfully imported opium and to defraud the United States. The 'Court issued a bench warrant for arrest of Meltzer.

Meltzer was arrested on the bench warrant in California, was without delay brought before the nearest United States Commissioner who ordered bail at $100,000 and committed defendant in default thereof, pending removal to New York.

Before the removal hearing could be held, habeas corpus was brought in' the United States District Court for the Southern District of California, seeking release from custody on the claim that bail was excessive. An order to show cause issued. A return thereto was filed which sets but the facts above among others. A hearing was held' by Hon. Paul J. McCormick whereupon the Court dismissed the petition for writ of habeas corpus, discharged the order to show cause, and denied a motion to reduce bail.

In the order of filing there are before this court (1) a motion to reduce bail;…

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