U.S. Court of Appeals for the Ninth Circuit, 1971

Edwin L. Clark v. Walter E. Craven

Edwin L. Clark v. Walter E. Craven
U.S. Court of Appeals for the Ninth Circuit · Decided February 2, 1971 · Chambers, Barnes, Trask
437 F.2d 1202 (Federal Reporter, Second Series)

Edwin L. Clark v. Walter E. Craven

Opinion

PER CURIAM:

The decision of the district court denying habeas corpus relief is affirmed.

Petitioner asserts that the California statutes proscribing possession of marihuana (for which he is incarcerated) violates due process substantively because there is no basis for a finding that a harm to society exists. The decisions are against petitioner. See People v. Irvin, 264 Cal.App.2d 747, 70 Cal.Rptr. 892, and Bettis v. United States, 9 Cir., 408 F.2d 563.

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