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MACON v. CRAVEN

No. 71-1773.

457 F.2d 342 (1972)

Howard R. MACON, Petitioner-Appellant, v. Walter E. CRAVEN, Warden, Folsom State Prison, et al., Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

February 9, 1972.

Attorney(s) appearing for the Case

Howard R. Macon, in pro. per.

Evelle J. Younger, Cal. Atty. Gen., John T. Murphy, Michael Buzzell, Deputy Attys. Gen., San Francisco, Cal., for respondents-appellees.

Before HAMLEY, DUNIWAY, and HUFSTEDLER, Circuit Judges.

PER CURIAM:

Macon appeals from an order dismissing his habeas corpus petition without an evidentiary hearing.

Macon, a State of California prisoner, was charged with the possession for sale of narcotics in violation of section 11500.5 of the California Health and Safety Code. On September 22, 1967, he entered a plea of guilty to section 11500 of the same Code, a lesser included offense. Thereafter, the state court suspended sentence and ordered him civilly...

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