Eason v. Dickson

390 F.2d 585 James EASON, Appellant, v. Fred R. DICKSON, Chairman, Adult Authority of the State of California, RichardA. McGee, Administrator, Youth and Adult Corrections Agency of the State ofCalifornia, Appellees. No. 20303. United States Court of Appeals Ninth Circuit. Jan. 30, 1968. James Eason, in pro. per. Thomas C. Lynch, Atty. Gen. of State of Cal., Albert W. Harris, Jr., Ast. Atty. Gen., Edward P. O'Brien, Deputy Atty. Gen., San Francisco, Cal., for appellees. Before CHAMBERS, HAMLIN and KOELSCH, Circuit Judges. KOELSCH, Circuit Judge. 1 James Eason is a prisoner in a California penal institution. For present purposes we accept the following facts as true: 1 Eason was convicted on two counts of robbery in the first degree (Cal.Pen.Code 211, 211a) and was duly sentenced under the California Indeterminate Sentence law for the term prescribed by law, which is from five years to life. (Cal.Pen.Code 213; 1168; Eason v. Dunbar, 367 F.2d 381 (9th Cir. 1966)). He entered the California State Penitentiary at San Quentin on January 13, 1947. On January 13, 1954 he was released on parole by the Adult Authority, but on December 6, 1956 his parole was suspended; he was returned to…