Emmitt SMITH, Plaintiff in Error, v. UNITED STATES, Defendant in Error, 9 F.2d 1021

PER CURIAM. The various assignments of error presented by this writ are all determined by the opinion in McCarren v. United States, 8 F.(2d) 113, decided by this court October 29, 1925, and need not be again considered. The judgment is modified, by striking therefrom the fine of $1 imposed upon defendant by virtue of his conviction on count No. 3 of the indictment. In all other respects the judgment Is affirmed.