Martinez

This appeal is taken from an order of the District Court of the United States for the Northern District of California, Southern Division, denying a petition for a writ of habeas corpus.

On August 10, 1929, George G. Martinez, appellant herein, citizen of Mexico, pleaded guilty to two counts of an indictment: The first count charged a violation of the Harrison Narcotic Aet (26 USCA §§ 692, 705); the second count charged a violation of the Jones-Miller Aet (21 USCA § 174).

The court passed judgment and sentence as follows: “It is therefore ordered and adjudged that the said George G. Martinez of the indictment be imprisoned for the period of one (1) year and one (1) day in a United States penitentiary, and pay a fine of one (1) dollar. Further ordered that in default of the payment of said fine that said defendant be further imprisoned until said fine be paid or until he be otherwise discharged in due course of law.”

It appears in the record that the fine has been paid.

On April 16,1930, appellant was ordered deported under section 2(c) of the Jones-Miller Act (21 USCA § 174). He petitioned the District Court for a writ of habeas corpus, and from the refusal of the District…