PINEDA v. CRAVEN

No. 23767.

424 F.2d 369 (1970)

Ernest Vivallava PINEDA, Petitioner and Appellant, v. Walter E. CRAVEN, Warden of the California State Prison at Folsom, Respondent and Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 27, 1970.


Attorney(s) appearing for the Case

Sheldon Portman (argued), San Jose, Cal., for appellant.

Jack R. Winkler (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., State of Cal., Sacramento, Cal., for appellee.

Before MERRILL, KOELSCH, and HUFSTEDLER, Circuit Judges.


HUFSTEDLER, Circuit Judge:

Pineda, a California prisoner, appeals from an order of the district court denying his habeas petition without an evidentiary hearing.

In his habeas petition, filed pursuant to 28 U.S.C. § 2241, Pineda attacked his 1964 conviction for possession of heroin and his 1951 conviction for possession of marihuana. He claimed that his 1964 conviction resulted from the introduction against him of evidence that was the product of an illegal...

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