ALLBEE v. CUPP

No. 82-3583.

716 F.2d 635 (1983)

James Richard ALLBEE, Petitioner-Appellant, v. Hoyt C. CUPP, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1983.


Attorney(s) appearing for the Case

Thomas Denney, Asst. Atty. Gen., Salem, Or., for respondent-appellee.

Stephen R. Sady, Asst. Federal Public Defender, Portland, Or., for petitioner-appellant.

Before SNEED, FARRIS, and CANBY, Circuit Judges.


SNEED, Circuit Judge:

Appellant James Allbee hijacked an airplane with 119 people on board and was convicted in Oregon Circuit Court on eleven counts of kidnapping in the first degree. Each conviction was for violation of state law, an earlier federal trial having ended in a mistrial. Allbee received three consecutive twenty-year sentences and eight concurrent twenty-year sentences.

Allbee appealed to the Oregon Court of Appeals, which affirmed his conviction...

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