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CHAVEZ v. UNITED STATES

No. 71-1928.

447 F.2d 1373 (1971)

Augustin Flores CHAVEZ, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Ninth Circuit.

August 24, 1971.

Attorney(s) appearing for the Case

Augustin Flores Chavez, in pro. per.

Harry D. Steward, U. S. Atty., Robert H. Filsinger, Chief, Crim. Div., Robert P. Risso, Asst. U. S. Atty., San Diego, Cal., for appellant.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

PER CURIAM:

Augustin Flores Chavez petitioned the district court for a writ of error coram nobis, challenging the lawfulness of a 1946 federal narcotics conviction. At the time of his petition, appellant was in state prison serving a sentence which had been enhanced as a result of the 1946 prior. Shortly before the hearing scheduled in the district court the state court modified appellant's sentence by disregarding the challenged federal conviction. Consequently...

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