UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

NORTHERN DIVISION

UNITED STATES OF AMERICA, Plaintiff,

vs.

GORDON KIYOSHI HIRABAYASHI, Defendant.

No. 45738

JUDGMENT and SENTENCE

Comes now on this 21st day of October, 1942, the said defendant GORDON KIYOSHI HIRABAYASHI into open Court for sentence, and being informed by the Court of the charges herein against him and of his conviction of record herein, he is asked whether he has any legal cause to show why sentence should not be passed and judgment had against him, and he nothing says, save as he before hath said.

WHEREFORE, by reason of the law and the premises, and the verdict of the jury finding defendant guilty on Counts I and II of the indictment, it is

CONSIDERED, ORDERED and ADJUDGED by the Court that the said defendant GORDON KIYOSHI HIRABAYASHI is guilty as charged in Count I of the Indictment and that on Count I he be committed to the custody of the Attorney General of the United States for imprisonment in the Federal Prison Camp, Dupont, Washington, or in such other like institution as the Attorney General of the United States or his authorized representative may by law designate, for the period of three (3) months.

It is further CONSIDERED, ORDERED and ADJUDGED by the Court that the said defendant GORDON KIYOSHI HIRABAYASHI on Count II of the indictment, be committed to the custody of the Attorney General of the United States for imprisonment in the Federal Prison Camp, at Dupont, Washington, for the period of three (3) months; PROVIDED, however, that the execution of the sentence on said Count II shall run concurrently with and not consecutively to the execution of the sentence imposed on Count I of the indictment.

And the said defendant is hereby remanded into the custody of the United States Marshal for this District for delivery to the Superintendent of the Federal Prison Camp, Dupont, Washington, for the purpose of executing said sentence. This judgment and sentence for all purposes shall take the place of a commitment, and be recognized by the Warden or Keeper of any Federal Panel Institution as such.

Done in open Court this 21st day of October 1942.

LLOYD L. BLACK

United States District Judge

Presented by:

J. CHARLES DENNIS

United States Attorney

Violation of Public Law #503, Curfew Act; and Civilian Exclusion Order No. 57.