Buscemi v. Warden

Bruñe, C. J., delivered the opinion of the Court. Salvatore Buscemi seeks leave to appeal from the denial of his petition for a writ of habeas corpus by Chief Judge George Henderson, of the Circuit Court for Allegany County. Buscemi was convicted in 1949 in the United States District Court for the District of Maryland of a narcotics offense. In November, 1954, he was indicted in the Criminal Court of Baltimore on charges of obtaining narcotics by fraud.

One count alleged his prior conviction in the District Court, and it thus appears from the rather scanty record in this case that he was charged as a second offender under the Uniform Narcotic Drug Act. The particular part of that Act here involved is Code (1951), Article 27, Section 369, which, as amended by Chapter 466 of the Acts of 1951, imposes increased penalties upon second and third offenders. Buscemi pleaded guilty to all counts of the indictment. He was sentenced to seven years’ imprisonment, but the sentence was suspended and he was placed on seven years’ probation.

The period of probation was, however, reduced to five years, apparently because of a denial of, or question as to, the validity of a longer period. While on probation Buscemi was tried and convicted in Harford County on a charge of forgery and was sentenced on March 9, 1955, to six months’ imprisonment. He was thereafter charged in the Criminal Court of Baltimore with violation of his probation and pleaded guilty. His sentence of seven years in the House of Correction was reimposed on April 4, 1955, and was ordered to run