Nathaniel Jackson v. Louis S. Nelson, Warden

Ninth Circuit Court of Appeals

January 4, 1971.

Ninth Circuit Court of Appeals · decided 1971-01-04

Cited by 1 later decisions — most recently November 1971

2 counsel of record

Relies on Spencer v. State of Texas a Bell · Gryger v. Burke · Wey Him Fong v. United States

Good law ✅— No negative treatment on recordhow we know

Opinion by Per Curiam · Decided 1971-01-04

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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:

¶1

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

¶2

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.

¶3

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.