Nathaniel Jackson v. Louis S. Nelson, Warden

Good Law
435 F.2d 553
United States Court of Appeals for the Ninth CircuitJanuary 4, 197125666_1California108 words

Opinion

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

The state sentence on a heroin offense was stiffer because of prior judgments against petitioner for marihuana offenses. Prior to the heroin offense, California by statute increased its recidivist penalties in the field.

Contentions of equal protection, bill of attainder, double jeopardy and ex post facto are made. These have no merit. See Spencer v. Texas, 385 U.S. 554 , 87 S.Ct. 648 , 17 L.Ed.2d 606 ; Gryger v. Burke, 334 U.S. 728 , 68 S.Ct. 1256 , 92 L.Ed. 1683 , and Wey Him Fong v. United States, 9 Cir., 287 F.2d 525 .