Arthur William Mack v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary

Mack was convicted by the Circuit Court of Lane County, Oregon, sitting without a jury, for possession of more than one ounce of marijuana. Or.Rev.Stat. § 167.207 (1975). The Oregon Court of Appeals affirmed his conviction, filing a written opinion, State v. Mack, 21 Or.App. 522 , 535 P.2d 766 (1975). Mack’s petition for review in the Oregon Supreme Court was denied because it was filed late. In November, 1975, Mack petitioned the District Court for a writ of habeas corpus under 28 U.S.C. § 2254 (1970). After a United States magistrate conducted an evidentiary hearing, the court denied Mack’s petition upon the basis of Stone v. Powell, 428 U.S. 465 , 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976). This appeal followed. Concluding that the State of Oregon has extended an opportunity for the full and fair litigation of Mack’s fourth amendment claims, we decline to reexamine the merits of those claims; hence, we affirm.

A search of Mack’s residence on February 22, 1974, conducted pursuant to a search warrant obtained by an Oregon Deputy Sheriff, one Haekett, resulted in the seizure of a quantity of drugs and disclosed a rent receipt in Mack’s name for a garage in Springfield, Oregon. Later…