Becharias v. United States

208 F. 143, 125 C.C.A. 359, 1913 U.S. App. LEXIS 1685

Opinion

HUMPHREY, District Judge.

Plaintiff in error was indicted, convicted, and sentenced to the penitentiary for offering and giving $150 as a bribe to one Plumly, an immigration inspector, to induce him to make a recommendation based on false testimony for a rehearing in the case of one Kosmos, then under order of deportation by the Secretary of Commerce and Uabor; said order being addressed to the Commissioner of Immigration.

[1, 2] Under the law and the regulations of the department, which have the force of law, Plumly was an officer of the United States, and to make recommendation for or against a rehearing for an alien under order of deportation was in the line of his official duty: Until the man was actually deported, and while it was in the power of the de partment to grant a rehearing, the proceeding was “pending” within the meaning of the law.

We find no error in the rulings of the trial court either on the sufifi- • ciency of the indictment or in the admission or rejection of evidence. Affirmed.