LOVE v. FITZHARRIS

No. 25806.

460 F.2d 382 (1972)

Michael L. LOVE, Plaintiff-Appellee, v. C. J. FITZHARRIS, Warden, California State Prison, San Quentin, and the People of the State of California, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 25, 1972.


Attorney(s) appearing for the Case

Gary Garfinkle, Deputy Atty. Gen. (argued), Derald E. Granberg, Deputy Atty. Gen., Thomas C. Lynch, Evelle J. Younger, Attys. Gen., San Francisco, Cal., for defendants-appellants.

Patrick Lynch (argued), Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH and HUFSTEDLER, Circuit Judges, and JAMESON, District Judge.


PER CURIAM:

Michael Louis Love, the appellee, is a California state prisoner, serving consecutive sentences for two violations of Cal. Health & Safety Code § 11500.5 [possession of narcotics for sale]. This Code section provides that persons convicted "shall be punished by imprisonment in the state prison for not less than 5 years nor more than 15 years and shall not be eligible for release . . . on parole . . ....

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