Arzaga

Arzaga was convicted on two counts, each charging a violation of 21 U.S.C.A. § 174 , the first for importing opium from "Mexico, the second for concealing opium, knowing it to "have been imported. The Court imposed a sentence of three and one-half years on each count. Arzaga, after he had almost completed serving sentence of the first count, filed a petition for correction and modification of the sentence. This the District Judge denied. Appeal followed.

The conviction did not constitute double jeopardy. Shafer v. United States, 9 Cir., 179 F.2d 929 . The crimes charged by the two counts are separate and distinct, since each count required proof of different elements than those required by the other. Palmero v. United States, 1 Cir., 112 F.2d 922 . Affirmed.