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

Good Law
521 F.2d 794·1975 U.S. App. LEXIS 12840
United States Court of Appeals for the Ninth CircuitSeptember 8, 197574-2682California81 words

Opinion

OPINION

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.