BUSTER v. HOCKER

No. 24416.

428 F.2d 820 (1970)

Buck BUSTER, Petitioner and Appellant, v. Carl HOCKER, Warden, Nevada State Prison, Appellee.

United States Court of Appeals, Ninth Circuit.

July 2, 1970.


Attorney(s) appearing for the Case

Buck Buster in pro. per.

Harvey Dickerson, Atty. Gen., Carson City, Nev., C. P. Tapscott, Chief Asst. Atty. Gen., Reno, Nev., for appellee.

Before CHAMBERS and CARTER, Circuit Judges, and BYRNE, District Judge.


PER CURIAM:

The order of the district court denying habeas corpus relief is affirmed.

In our view, Rodriguez v. United States, 395 U.S. 327, 89 S.Ct. 1715, 23 L.Ed.2d 340, is not necessarily applicable on federal habeas corpus review of state convictions.

Although counsel neglected to complete the state appeal, before we should interfere there should be a showing that there was a valid point that was lost by not taking...

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