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Jackson v. Nelson

United States Court of Appeals, Ninth Circuit
Jan 4, 1971
435 F.2d 553 (9th Cir. 1971)
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Summary

finding California recidivist sentencing scheme did not violate Ex Post Facto Clause

Summary of this case from Rogers v. Carey
See 7 Summaries

Opinion

No. 25666.

January 4, 1971.

Appeal from the United States District Court for the Northern District of California; George B. Harris, Judge.

Nathaniel Jackson, in pro. per.

Thomas C. Lynch, Cal. Atty. Gen., Derald E. Granberg, Sanford Svetcov, Deputy Attys. Gen., San Francisco, Cal., for appellee.

Before CHAMBERS, HAMLEY and MERRILL, Circuit Judges.

PER CURIAM:

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.

Summaries of

Jackson v. Nelson

United States Court of Appeals, Ninth Circuit
Jan 4, 1971
435 F.2d 553 (9th Cir. 1971)

finding California recidivist sentencing scheme did not violate Ex Post Facto Clause

Summary of this case from Rogers v. Carey

dismissing contentions of equal protection, bill of attainder, double jeopardy and ex post facto against recidivist statute as meritless

Summary of this case from Jackson v. McDowell

dismissing contentions of equal protection, bill of attainder, double jeopardy and ex post facto against recidivist statute as meritless

Summary of this case from Israel v. Wofford

dismissing contentions of equal protection, bill of attainder, double jeopardy and ex post facto against recidivist statute as meritless

Summary of this case from Walker v. Hamlet

dismissing contentions of equal protection, bill of attainder, double jeopardy and ex post facto against recidivist statute as meritless

Summary of this case from Holmes v. Valadez

dismissing double jeopardy challenge to recidivist statute as meritless

Summary of this case from Uribe v. Knowles

dismissing contentions of equal protection, bill of attainder, double jeopardy and ex post facto against recidivist statute as meritless

Summary of this case from Chavez v. Kernan
Case details for

Jackson v. Nelson

Case Details

Full title:Nathaniel JACKSON, Petitioner-Appellant, v. Louis S. NELSON, Warden…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 4, 1971

Citations

435 F.2d 553 (9th Cir. 1971)

Citing Cases

Walker v. Hamlet

Any such challenge is wholly without merit. See Jackson v. Nelson, 435 F.2d 553, 553 (9th Cir. 1971)…

Uribe v. Knowles

Uribe also does not persuade with his claim that the multiple victim circumstance, as applied here, violated…

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