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JOHNSON v. CRAVEN

No. 22760.

432 F.2d 418 (1970)

John Wellington JOHNSON, Appellant, v. Walter E. CRAVEN, Warden, Appellee.

United States Court of Appeals, Ninth Circuit.

September 2, 1970.

Attorney(s) appearing for the Case

Byron Wells (argued), San Jose, Cal., for appellant.

Edsel W. Haws (argued), Deputy Atty. Gen., Doris H. Maier, Ass't. Atty. Gen., Thomas C. Lynch, Atty. Gen., Sacramento, Cal., for appellee.

Before CHAMBERS and MERRILL, Circuit Judges, and POWELL, District Judge.

CHAMBERS, Circuit Judge:

Petitioner, a state prisoner, was convicted in 1963 of two counts of unlawful sale of heroin. The California Supreme Court vacated the judgment and sentence as to count two on the ground that petitioner's conduct constituted a single offense. In re Johnson, 65 Cal.2d 393, 54 Cal.Rptr. 873, 420 P.2d 393...

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