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MONTAGUE v. VINZANT

No. 80-3118.

643 F.2d 657 (1981)

Robert MONTAGUE, Petitioner-Appellant, v. Douglas VINZANT, Warden, Washington State Penitentiary and Slade Gorton, Attorney General of the State of Washington, Respondent-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 23, 1981.

Attorney(s) appearing for the Case

Meriwether D. Williams, Winston & Cashatt, Spokane, Wash., for petitioner-appellant.

Robert E. Mack, Asst. Atty. Gen., Olympia, Wash., argued for respondent-appellees; Nate D. Mannakee, Olympia, Wash., on brief.

Before WRIGHT, POOLE and NORRIS, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Montague was arrested in January 1967 on a motor vehicle violation and a search of his car revealed marijuana. He was arraigned in February on a charge of felony possession of narcotic drugs, was convicted on April 20, 1967, and sentenced to a minimum of five and a maximum of 20 years in state prison. His conviction was upheld on appeal.

In 1969 the state legislature reclassified possession of marijuana from a felony to a misdemeanor...

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