MERINO v. UNITED STATES MARSHAL

No. 18714.

326 F.2d 5 (1963)

Jaime J. MERINO, Petitioner-Appellant, v. UNITED STATES MARSHAL, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 21, 1964.


Attorney(s) appearing for the Case

Sheela, O'Laughlin, Hughes & Hunter and Peter J. Hughes, San Diego, Cal., and David C. Marcus, Los Angeles, Cal., for appellant.

Francis C. Whelan, U. S. Atty., Thomas R. Sheridan, Asst. U. S. Atty., Chief, Crim. Section, and Phillip W. Johnson, Asst. U. S. Atty., Los Angeles, Cal., for respondent.

Newman & Newman and Philip M. Newman, Los Angeles, Cal., as amicus curiae.

Before CHAMBERS and JERTBERG, Circuit Judges, and MURRAY, District Judge.


JERTBERG, Circuit Judge.

Before us is an appeal from a judgment of the United States District Court for the Southern District of California dismissing a petition for habeas corpus filed by appellant. Said petition for writ of habeas corpus was filed in the District Court after an adverse decision by the United States Commissioner following a hearing pursuant to the provisions of 18 U.S.C. § 3184. Following such hearing the Commissioner found as a fact, "that...

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