DOUGLAS v. CUPP

No. 77-1265.

578 F.2d 266 (1978)

Gary Leroy DOUGLAS, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

July 13, 1978.


Attorney(s) appearing for the Case

Gary L. Douglas, in pro per.

Rhidian M. M. Morgan, Asst. Atty. Gen., Salem, Or., for respondent-appellee.

Before SMITH, ELY and CARTER, Circuit Judges.


J. JOSEPH SMITH, Circuit Judge:

Gary Leroy Douglas appeals from a judgment of the United States District Court for the District of Oregon (Otto R. Skopil, Jr., Chief Judge), dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Following a jury trial held in the circuit court for Coos County, Oregon, Douglas was convicted of burglary in the first degree. He was awarded an indeterminate sentence, the maximum term not to exceed fifteen...

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