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HAWKINS v. HARGETT

No. 98-5162.

200 F.3d 1279 (1999)

Trenton Lynn HAWKINS, Petitioner-Appellant, v. Steve HARGETT, Warden; Attorney General of the State of Oklahoma, Respondents-Appellees,

United States Court of Appeals, Tenth Circuit.

December 29, 1999.

Attorney(s) appearing for the Case

Stephen J. Greubel of Law Offices of Maynard I. Ungerman, Tulsa, Oklahoma, for Petitioner-Appellant.

Steven E. Lohr, Assistant Attorney General of the State of Oklahoma (W.A. Drew Edmondson, Attorney General of the State of Oklahoma, with him on the brief), Oklahoma City, Oklahoma, for Defendants-Appellees.

Before SEYMOUR, Chief Judge, LUCERO, Circuit Judge, and KIMBALL, District Judge.

SEYMOUR, Chief Judge.

Trenton Lynn Hawkins appeals from the federal district court's order denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. The issue before us is whether the prison sentence imposed on Mr. Hawkins is unconstitutionally disproportionate in violation of the Eighth Amendment. For the reasons set forth below, we affirm the judgment of the district court.

I.

In the early morning hours of August...

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