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429 F.2d 1321
James HEFFLEY, Appellant,
v.
Carl HOCKER, Warden Nevada State Prison, Appellee.No. 22661.
United States Court of Appeals, Ninth Circuit.
July 13, 1970.
James A. Heffley, James C. Martin, Carson City, Nev., for appellant.
Harvey Dickerson, Atty. Gen., of Nevada, Carson City, Nev., for appellee.
Before HAMLEY and MERRILL, Circuit Judges, and POWELL, District Judge.1
PER CURIAM:
1On December 9, 1969, Judge Powell dissenting, we reversed a district court order which had denied relief in this habeas corpus proceeding and remanded the cause to the district court for further proceedings. On June 29, 1970, the United States Supreme Court, sub nom. Hocker v. Heffley, 399 U.S. 521, 90 S.Ct. 2236, 26 L.Ed.2d 780, vacated our judgment and remanded the cause to this court for further consideration in light of Chambers v. Maroney, 399 U.S. 42, 90 S.Ct. 1975, 26 L.Ed.2d 419, decided June 22, 1970.
2The rationale of Chambers v. Maroney requires us to hold that the search and seizure here in question was valid under the Fourth Amendment, made applicable to the states by the Fourteenth Amendment. All of Heffley's points on appeal are predicated upon his contention, which must now be rejected, that such search and seizure was illegal. Accordingly, the order dismissing the habeas proceeding is
3Affirmed.
1The Honorable Charles L. Powell, United States District Judge for the Eastern District of Washington, sitting by designation
Document Info
Docket Number: 22661_1
Citation Numbers: 429 F.2d 1321
Judges: Hamley, Merrill, Per Curiam, Powell
Filed Date: 7/13/1970
Precedential Status: Precedential
Modified Date: 8/4/2023