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MACK v. CUPP

No. 76-3449.

564 F.2d 898 (1977)

Arthur William MACK, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellee.

United States Court of Appeals, Ninth Circuit.

November 17, 1977.

Attorney(s) appearing for the Case

John M. Biggs (argued), of Allen & Biggs, Eugene, Or., for appellant.

John W. Burgess, Asst. Atty. Gen. (argued), Salem, Or., for appellee.

Before BARNES and ELY, Circuit Judges, and VAN PELT, District Judge.

ELY, Circuit Judge:

Mack was convicted by the Circuit Court of Lane County, Oregon, sitting without a jury, for possession of more than one ounce of marijuana. Or.Rev.Stat. § 167.207 (1975). The Oregon Court of Appeals affirmed his conviction, filing a written opinion. State v. Mack, 21 Or.App. 522, 535 P.2d 766 (1975). Mack's petition for review in the Oregon Supreme Court was denied because it was filed late. In November...

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