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OWENS v. CARDWELL

No. 79-2566.

628 F.2d 546 (1980)

Andrew OWENS, Appellant, v. Harold J. CARDWELL, Warden, Attorney General, State of Arizona, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1980.

Attorney(s) appearing for the Case

Atmore Baggot, Phoenix, Ariz., for appellant.

Jessica L. Gifford, Asst. Atty. Gen., Phoenix, Ariz. (argued), William J. Schafer, III, Asst. Atty. Gen., Phoenix, Ariz., on brief, for appellees.

Before WRIGHT, GOODWIN and WALLACE, Circuit Judges.

PER CURIAM.

The issue in this appeal by a state prisoner is whether the district court erred in denying his petition for 28 U.S.C. § 2254 relief. Owens sought an evidentiary hearing to determine the constitutional validity of a 1948 conviction which he alleged had been used to enhance his prison sentence in violation of United States v. Tucker, 404 U.S. 443, 92 S.Ct. 589, 30 L.Ed.2d 592 (1972). Our examination of the record...

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