Court of Appeals for the Ninth Circuit March 28, 1983, 80-3031 (George E. Myers v. State of Washington)

PREGERSON, Circuit Judge:

This case is before us on remand from the Supreme Court. Washington v. Myers, 456 U.S. 921, 102 S.Ct. 1964, 72 L.Ed.2d 436 (1982). The Court vacated an earlier opinion, Myers v. Washington, 646 F.2d 355 (9th Cir.1981), and remanded for further consideration in light of Engle v. Isaac, 456 U.S. 107, 102 S.Ct. 1558, 71 L.Ed.2d 783 (1982), and United States v. Frady, 456 U.