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RHINEHART v. GUNN

No. 80-5330.

661 F.2d 738 (1981)

Stanley Carl RHINEHART, Petitioner-Appellee, v. J. B. GUNN, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 16, 1981.

Rehearing and Rehearing Denied February 11, 1982.

Attorney(s) appearing for the Case

Howard J. Schwab, Deputy Atty. Gen., Los Angeles, Cal., for respondent-appellant.

John F. M. Rodriguez, Altadena, Cal., for petitioner-appellee.

Before CHAMBERS and HUG, Circuit Judges, and HENDERSON, District Judge.

Rehearing and Rehearing En Banc Denied February 11, 1982.

CHAMBERS, Circuit Judge:

In 1970, Rhinehart was convicted in the California state court of two counts of murder in the first degree and sentenced to death. The California Supreme Court affirmed but, consistent with court policy at that time, reduced the sentence of death to a sentence of life imprisonment. People v. Rhinehart, 9 Cal.3d 139,

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