CUMBO v. EYMAN

No. 23097.

409 F.2d 400 (1969)

James CUMBO, Appellee, v. Frank A. EYMAN, Warden, Arizona State Prison, Appellant.

United States Court of Appeals Ninth Circuit.

April 7, 1969.


Attorney(s) appearing for the Case

Narval C. Jesperson (argued), Asst. Atty. Gen., Gary K. Nelson, Atty. Gen., Thomas M. Tuggle, Asst. Atty. Gen., Phoenix, Ariz., for appellant.

Pano Stephens (argued), San Francisco, Cal., for appellee.

Before HAMLEY, MERRILL and CARTER, Circuit Judges.


PER CURIAM:

In this habeas corpus proceeding brought in the district court by James Cumbo, an inmate of Arizona State Prison, the district court declared void, and vacated, the sentence imposed by the state trial court. The district court ordered Cumbo remanded to the custody of the Attorney General of the State of Arizona so that Cumbo could be resentenced. The warden appeals.

Apparently the district court was not made aware of the fact that Cumbo had not...

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