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UNITED STATES v. YOUNG

No. 22138.

388 F.2d 675 (1968)

UNITED STATES of America ex rel. Joseph Miles WALKER, Appellant, v. C. W. YOUNG, Sheriff of Washoe County, State of Nevada, Appellee.

United States Court of Appeals Ninth Circuit.

January 26, 1968.

Attorney(s) appearing for the Case

Springer & Newton, J. Rayner Kjeldsen, James F. Sloan, Reno, Nev., for appellant.

Harvey Dickerson, Atty. Gen. of State of Nevada, Carson City, Nev., William J. Raggio, Dist. Atty., Virgil D. Dutt, Deputy Dist. Atty., Reno, Nev., for appellee.

Before HAMLEY, MERRILL and BROWNING, Circuit Judges.

PER CURIAM:

Appellee has moved to dismiss the above-entitled appeal in this habeas corpus proceeding on the ground that appellant has not exhausted his state remedies. Appellant has filed an opposition thereto. Appellant Joseph Miles Walker is in Nevada custody awaiting final disposition of a retrial on a charge of first degree murder.

In United States v. Fogliani, 9 Cir., 343 F.2d 43, 48, reversing and remanding a district...

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