Court of Appeals for the Ninth Circuit September 7, 1982, 81-5634 (John Lewis Jones v. Harold J. Cardwell, Superintendent, Arizona State Prison)

FLETCHER, Circuit Judge:

The State of Arizona appeals the district court’s grant of appellee Jones’ habeas corpus petition. The district court granted the petition because it found that, in sentencing appellee, the state court had considered evidence obtained in violation of appellee’s Fifth and Sixth amendment rights. We note jurisdiction under 28 U.S.C. § 2253 (1976), and affirm.