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CERVANTES v. WALKER

No. 77-3372.

589 F.2d 424 (1978)

Enrique Ortiz CERVANTES, Petitioner-Appellant, v. Bill WALKER, Superintendent, Banning Road Camp, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 26, 1979.

Attorney(s) appearing for the Case

Stephen J. Perrello, Jr. (argued), San Diego, Cal., for petitioner-appellant.

Karl J. Phaler, Deputy Atty. Gen. (argued), San Diego, Cal., Evelle J. Younger, Atty. Gen., Sacramento, Cal., for respondent-appellee.

Before WALLACE and ANDERSON, Circuit Judges, and INGRAM, District Judge.

Rehearing and Rehearing En Banc Denied January 26, 1979.

WALLACE, Circuit Judge:

Cervantes appeals from the dismissal of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (1976). The state trial court had admitted into evidence a statement he made to prison staff members which identified a substance in his possession as marijuana. He was convicted of possession of narcotics in a county jail, a felony under California law. Execution...

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