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MEDINA v. ENOMOTO

No. 74-2682.

521 F.2d 794 (1975)

Albert Soto MEDINA, Appellant, v. J. J. ENOMOTO, Superintendent, California Correctional Inst., Appellee.

United States Court of Appeals, Ninth Circuit.

September 8, 1975.

Attorney(s) appearing for the Case

Albert Soto Medina in pro per.

Evelle J. Younger, Atty. Gen., State of California, Los Angeles, Cal., for appellee.

Before CARTER, HUFSTEDLER and GOODWIN, Circuit Judges.

OPINION

PER CURIAM:

The order denying Medina's petition for a writ of habeas corpus is vacated, and the cause is remanded for further proceedings. The opinion of this court in Mann v. Smith, 488 F.2d 245 (9th Cir. 1973), cert. denied, 415 U.S. 932, 94 S.Ct. 1445, 39 L.Ed.2d 490 (1974), upon which the district court based its decision, was subsequently overruled by Lefkowitz v. Newsome,

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