JONES v. CARDWELL

No. 81-5634.

686 F.2d 754 (1982)

John Lewis JONES, Petitioner-Appellee, v. Harold J. CARDWELL, Superintendent, Arizona State Prison, et al., Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 7, 1982.


Attorney(s) appearing for the Case

David R. Cole, Phoenix, Ariz., for respondents-appellants.

Arthur G. Newman, Jr., Phoenix, Ariz., for petitioner-appellee.

Before WRIGHT and FLETCHER, Circuit Judges, and MEREDITH, District Judge.


FLETCHER, Circuit Judge:

The State of Arizona appeals the district court's grant of appellee Jones' habeas corpus petition. The district court granted the petition because it found that, in sentencing appellee, the state court had considered evidence obtained in violation of appellee's Fifth and Sixth amendment rights. We note jurisdiction under 28 U.S.C. § 2253 (1976), and affirm.

FACTS

An Arizona jury convicted appellee of first degree burglary...

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