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PINEDA v. CRAVEN

No. 71-2219.

465 F.2d 999 (1972)

Ernest Vivallava PINEDA, Petitioner-Appellant, v. Walter E. CRAVEN, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

September 21, 1972.

Attorney(s) appearing for the Case

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

George R. Nock (argued), Karl S. Mayer, Evelle J. Younger, Atty. Gen., San Francisco, Cal., for respondent-appellee.

Before CHAMBERS, KOELSCH and CARTER, Circuit Judges.

PER CURIAM:

This is an appeal from an order of the District Court denying relief under 28 U.S.C. § 2243, following an evidentiary hearing. The case has been here before, Pineda v. Craven (9 Cir. 1970) 424 F.2d 369.

The case raises questions as to (1) the validity of a warrantless arrest in a home on probable cause for possession of narcotics, (2) the effect of failure to give notice of entry into the home, (3) whether...

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