VELASQUEZ v. RHAY

No. 22617.

408 F.2d 9 (1969)

Donald L. VELASQUEZ, Appellant, v. B. J. RHAY, Superintendent, Washington State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

February 13, 1969.


Attorney(s) appearing for the Case

Donald L. Velasquez, Walla Walla, Wash., for appellant.

John J. O'Connell, Atty. Gen., Olympia, Wash., for appellee.

Before BARNES, MERRILL, and BROWNING, Circuit Judges.


PER CURIAM:

This is an appeal from the dismissal of a petition for habeas corpus.

The district court held that petitioner lacked standing to challenge the constitutionality of a search and seizure since he denied that the premises searched were his. Petitioner was convicted of possession of the property seized in the search, and his standing is therefore established by Jones v. United States, 362 U.S. 257, 263-264, 80 S.Ct....

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