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TUCKER v. WOLFF

No. 78-1047.

581 F.2d 235 (1978)

Howard Floyd TUCKER, Appellant, v. Charles L. WOLFF, Jr., Warden, Nevada State Prison, Appellee.

United States Court of Appeals, Ninth Circuit.

August 31, 1978.

Attorney(s) appearing for the Case

Howard Floyd Tucker, pro se.

Robert List, Atty. Gen., Carson City, Nev., for appellee.

Before GOODWIN and WALLACE, Circuit Judges, and THOMPSON, District Judge.

GOODWIN, Circuit Judge:

In a Nevada state trial, Tucker was convicted of burglary and his conviction was affirmed on appeal. Tucker v. State, 92 Nev. 486, 553 P.2d 951 (1976). In the district court, Tucker petitioned for a writ of habeas corpus. A magistrate recommended against granting the writ. The district court adopted the magistrate's recommendation, and, without an evidentiary hearing, denied relief. Tucker appeals. Because...

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