U.S. Court of Appeals for the Ninth Circuit, 1975

Albert Soto Medina v. J. J. Enomoto, Superintendent, California Correctional Inst.

Albert Soto Medina v. J. J. Enomoto, Superintendent, California Correctional Inst.
U.S. Court of Appeals for the Ninth Circuit · Decided September 8, 1975 · Carter, Hufstedler, Goodwin
521 F.2d 794; 1975 U.S. App. LEXIS 12840 (Federal Reporter, Second Series)

Albert Soto Medina v. J. J. Enomoto, Superintendent, California Correctional Inst.

Opinion

OPINION

PER CURIAM:

The order denying Medina’s petition for a writ of habeas corpus is vacated, and the cause is remanded for further proceedings. The opinion of this court in Mann v. Smith, 488 F.2d 245 (9th Cir. 1973), cert. denied, 415 U.S. 932, 94 S.Ct. 1445, 39 L.Ed.2d 490 (1974), upon which the district court based its decision, was subsequently overruled by Lefkowitz v. Newsome, 420 U.S. 283, 95 S.Ct. 886, 43 L.Ed.2d 196 (1975).

Vacated and remanded.

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