Scherer v. Hocker

Ninth Circuit Court of Appeals

Decided June 23, 1971.

Rehearing Denied Aug. 13, 1971.

Ninth Circuit Court of Appeals · decided 1971-06-23

2 counsel of record

Relies on United States v. Faugno

Opinion by (per_curiam) · Decided 1971-06-23

¶1James Scherer, in pro. per.

¶2Robert Lisst, Atty. Gen., Carson City, Nev., for appellee.

¶3Before CHAMBERS, CARTER and WRIGHT, Circuit Judges.

¶4PER CURIAM:

¶5The district court orders which are sought to be overturned here are affirmed.

¶6 *1177The defendant is serving a state sentence after conviction of murder. No state appeal was taken.

¶7There was no exhaustion or even a sustained pursuit of state remedies. The record belies his contention that access to the state courts was frustrated.