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HARRIS v. PULLEY

No. 82-5246.

726 F.2d 569 (1984)

Robert Alton HARRIS, Petitioner, v. R. PULLEY, Warden of the California State Prison at San Quentin, Respondent.

United States Court of Appeals, Ninth Circuit.

February 23, 1984.

Attorney(s) appearing for the Case

Michael J. McCabe, Savitz & McCabe, San Diego, Cal., for petitioner.

Charles M. Sevilla, Public Defender, San Diego, Cal., amicus curiae.

Michael D. Wellington, Deputy Atty. Gen., San Diego, Cal., for respondent.

Before CHOY, ANDERSON and CANBY, Circuit Judges.

ORDER

The Supreme Court, ___ U.S. ___, 104 S.Ct. 871, 79 L.Ed.2d 29, of the United States having reversed our decision, 692 F.2d 1189, on the issue of comparative proportionality review,

WE HEREBY AFFIRM the district court's decision on that issue and remand the case to the district court for further proceedings consistent with the Supreme Court's decision and with our decision...

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