Sepulveda

This is an appeal from an order denying a petition for a writ of habeas corpus. The record indicates that appellant was indicted for bringing into the United States, on or about April 26, 1950, four named aliens not entitled to enter the country. The indictment was in four counts, that is, it treated the bringing in of each alien as a distinct offense. The jury found the accused guilty on all counts and he was sentenced as follows: one year and a fine of $500 on count 1; one year and a fine of $500 on count 2, the imprisonment to commence upon expiration of the sentence on count 1; and one year and a fine of $1.00 on count 3, to run concurrently with count 1. On count 4 imposition of sentence was suspended and the defendant placed on probation for five years. He was committed by the Attorney General to the federal penitentiary at McNeil Island.

On the appeal in the habeas corpus proceeding the court appointed counsel to represent the petitioner, and his contentions have been thoroughly aired. The first point he makes is that the offenses charged in the four counts were all parts of a single transaction and constitute but one offense; and since those charged in counts 2, 3, and 4…