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FAVA v. MONTANA

No. 23206.

430 F.2d 1308 (1970)

Raymond FAVA, Appellant, v. The STATE OF MONTANA, By and Through the Attorney General of the State of Montana, Robert L. WOODAHL, Edward Ellsworth, Warden of the Montana State Prison, Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 16, 1970.

Attorney(s) appearing for the Case

Joseph P. Monaghan (argued), Butte, Mont., for appellant.

Charles C. Lovell (argued), Sp. Asst. Atty., Great Falls, Mont., Mark Sullivan, Silver Bow County Atty., Butte, Mont., Robert L. Woodahl, Atty. Gen., Douglas J. Wold, J. C. Weingartner, Asst. Attys. Gen., Helena, Mont., for appellees.

Before DUNIWAY and KILKENNY, Circuit Judges, and PLUMMER, District Judge.

PER CURIAM:

Appellant appeals from a judgment of the district court denying in part and conditionally granting in part his petition for habeas corpus.

Appellant, on September 29, 1965, then represented by retained counsel, entered a plea of guilty to the crime of assault with a deadly weapon in the district court of the state of Montana for the Second Judicial District. The state court deferred imposition of sentence for 24 months and released appellant on...

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