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LOFTON v. PROCUNIER

No. 73-1082.

487 F.2d 434 (1973)

Wilbert LOFTON, Appellant, v. Raymond K. PROCUNIER, Director of California Department of Corrections, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied December 26, 1973.

Attorney(s) appearing for the Case

Wilbert Lofton, in pro. per.

Evelle J. Younger, Atty. Gen., Edward A. Hinz, Jr., Chief Asst. Atty. Gen., William E. James, Asst. Atty. Gen., Robert R. Granucci, William D. Stein, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before ELY, WRIGHT and GOODWIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 26, 1973.

OPINION

ELY, Circuit Judge:

Lofton appeals from the District Court's denial of his attack, under 28 U.S.C. § 2254, upon his conviction and incarceration by California authorities. He alleged that his 1967 state conviction for burglary was constitutionally infirm because (1) he was denied the right to be represented by counsel of his choice, and (2) he was denied effective assistance of...

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