MORENO v. NELSON

No. 71-2160.

472 F.2d 570 (1973)

Charles Felix MORENO, Plaintiff-Appellant, v. L. S. NELSON, Warden, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 12, 1973.


Attorney(s) appearing for the Case

Jerome Fishkin (argued), San Francisco, Cal., for plaintiff-appellant.

Timothy A. Reardon, Deputy Atty. Gen. (argued), Gloria DeHart, Deputy Atty. Gen., William E. James, Asst. Atty. Gen., Herbert L. Ashby, Chief Asst. Atty. Gen., Evelle J. Younger, Atty. Gen., San Francisco, Cal., for defendant-appellee.

Before CARTER and WALLACE, Circuit Judges, and BYRNE, Sr., District Judge.


WILLIAM M. BYRNE, District Judge:

Following a plea of guilty to first degree robbery, appellant was sentenced in the California State Court on September 23, 1955, to the term prescribed by law, i. e., five years to life. He took no direct appeal and did not challenge the validity of his conviction and sentence for 13½ years.

After the denial of his petition for a writ of habeas corpus by the California Supreme Court, the appellant filed a petition for...

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