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U.S. Court of Appeals for the Ninth Circuit, 1976

Thomas Lee Bean, and v. State of Nevada, And

Thomas Lee Bean, and v. State of Nevada, And
U.S. Court of Appeals for the Ninth Circuit · Decided May 18, 1976 · Chambers, Duniway, Wright
535 F.2d 542; 1976 U.S. App. LEXIS 11282 (Federal Reporter, Second Series)

Counsel

Sam Haskins, San Francisco, Cal., for petitioner and appellant., Robert List, Atty. Gen., Carson City, Nev., for respondents and appellees.

Thomas Lee Bean, and v. State of Nevada, And

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Opinion

ORDER OF AFFIRMANCE

Before CHAMBERS, DUNIWAY and WRIGHT, Circuit Judges.

Following the decision of the Supreme Court in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), the Nevada Board of Pardons commuted Bean’s death sentence to a life sentence without possibility of parole. We cannot accept Bean’s argument that a life sentence without possibility of parole is a greater punishment than a sentence of death, and we therefore reject his argument that in taking this action the Board was required to afford him the procedural rights described in Morrissey v. Brewer, 408 U.S. 471, 92 S.Ct. 2593, 33 L.Ed.2d 484 (1972).

Other issues raised by Bean in his petition for habeas corpus were thoroughly and correctly answered by the district court’s order denying the writ. Bean v. State of Nevada, 410 F.Supp. 963 (D.Nev. 1975).

Affirmed.

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