LINTON v. COX

No. 8543.

358 F.2d 859 (1966)

John R. LINTON, Appellant, v. Harold A. COX, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

March 30, 1966.


Attorney(s) appearing for the Case

Ruben Rodriguez, Santa Fe, N. M., for appellant.

L. D. Harris, Sp. Asst. Atty. Gen., Albuquerque, N. M. (Boston E. Witt, Atty. Gen. of New Mexico, Santa Fe, N. M., on the brief), for appellee.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.


SETH, Circuit Judge.

Appellant, a prisoner in the New Mexico State Penitentiary, appeals from a denial of his petition for habeas corpus by the United States District Court. The petition concerns the constitutionality of the procedure used by the state court to revoke an order deferring his sentence.

The pertinent facts are as follows: On May 9, 1963, appellant, represented by an attorney, entered a plea of guilty in the state court to an information charging...

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