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SCHRAM v. CUPP

No. 24077.

425 F.2d 612 (1970)

Thomas Patrick SCHRAM, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Appellee.

United States Court of Appeals, Ninth Circuit.

April 17, 1970.

Attorney(s) appearing for the Case

Jack B. Schwartz (argued), Portland, Or., for appellant.

Thomas H. Denney (argued), Asst. Atty. Gen., David H. Blunt, Asst. Atty. Gen., Lee Johnson, Atty. Gen., State of Oregon, Portland, Or., for appellee.

Before BARNES, ELY and HUFSTEDLER, Circuit Judges.

HUFSTEDLER, Circuit Judge:

Schram appeals from an order of the District Court dismissing, without an evidentiary hearing, his petition for federal habeas relief from an Oregon judgment. (28 U.S.C. §§ 2241-2254.) He had exhausted his state remedies before he filed his petition for federal relief.1

At issue is the constitutional validity of two prior convictions relied upon by an Oregon court to increase the penalty upon...

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