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CUNNINGHAM v. HEINZE

No. 19344.

352 F.2d 1 (1965)

William CUNNINGHAM, Appellant, v. Robert A. HEINZE, Warden, California State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 24, 1965.

Attorney(s) appearing for the Case

Robert J. Henry, San Francisco, Cal., for appellant.

Thomas C. Lynch, Atty. Gen., of Cal., Doris H. Maier, Asst. Atty. Gen., for appellee.

Before POPE and BROWNING, Circuit Judges, and THOMPSON, District Judge.

BROWNING, Circuit Judge:

Appellant was convicted of possessing narcotics in violation of state law. He filed a petition for habeas corpus in the United States District Court for the Northern District of California, alleging that his conviction was based upon evidence seized in violation of the Fourteenth Amendment. The district court dismissed the petition without an evidentiary hearing.

I

Appellant's timely petition to the United States Supreme...

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