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OGG v. KLEIN

No. 77-2039.

572 F.2d 1379 (1978)

Robert OGG, Petitioner-Appellant, v. Frank X. KLEIN, United States Marshal, Northern District of California, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

April 11, 1978.

Attorney(s) appearing for the Case

Marcus S. Topel, San Francisco, Cal., for petitioner-appellant.

Robert R. Ward, San Francisco, Cal., for respondent-appellee.

Before CARTER, Senior Circuit Judge, HUG, Circuit Judge, and HAUK, District Judge.

HAUK, District Judge:

I. Nature of Appeal

This case presents an appeal from an order of the United States District Court for the Northern District of California (Hon. Spencer Williams, J.) denying petitioner-appellant Ogg's petition for a writ of habeas corpus. The case involves an apparent question of first impression within the Ninth Circuit.

II. Facts

On June 7, 1971, Ogg was convicted of importing hashish in the United States District...

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