General
Albert Soto MEDINA, Appellant, v. J. J. ENOMOTO, Superintendent, California Correctional Inst., Appellee
521 F.2d 794·United States Court of Appeals for the Ninth Circuit·1975
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Opinion
Albert Soto MEDINA, Appellant, v. J. J. ENOMOTO, Superintendent, California Correctional Inst., Appellee.
No. 74-2682.
United States Court of Appeals, Ninth Circuit.
Sept. 8, 1975.
Albert Soto Medina in pro per.
Evelle J. Younger, Atty. Gen., State of California, Los Angeles, Cal., for appel-lee.
Before CARTER, HUFSTEDLER and GOODWIN, Circuit Judges.
[MAJORITY — PER CURIAM:]
OPINION
PER CURIAM:
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.