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ALESI v. CRAVEN

No. 24821.

440 F.2d 975 (1971)

Daniel William ALESI, Petitioner-Appellee, v. Walter E. CRAVEN, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied May 14, 1971.

Attorney(s) appearing for the Case

Frederick Millar (argued), Deputy Atty. Gen., Evelle J. Younger, Atty. Gen., William E. James, Asst. Atty. Gen., Philip C. Griffin, Deputy Atty. Gen., Thomas Kerrigan, Deputy Atty., Los Angeles, Cal., for respondent-appellant.

Gabriel A. Gutierrez (argued), of Sillas & Castillo, Los Angeles, Cal., for petitioner-appellee.

Before BARNES, HUFSTEDLER and TRASK, Circuit Judges.

HUFSTEDLER, Circuit Judge:

This is an appeal from an order vacating Alesi's state court conviction for selling heroin and possessing marihuana.1 His conviction had been affirmed by the California Supreme Court prior to his seeking federal relief in his habeas petition. (People v. Alesi (1968) 67 Cal.2d 856, 64 Cal.Rptr. 104

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