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SOBOTA v. RODRIGUEZ

No. 9065.

371 F.2d 909 (1967)

Mitchell SOBOTA, Appellant, v. Felix RODRIGUEZ, Acting Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

January 19, 1967.

Attorney(s) appearing for the Case

Melvin T. Yost, Santa Fe, N. M., for appellant.

L. D. Harris, Special Asst. Atty. Gen., Albuquerque, N. M. (Boston E. Witt, Atty. Gen., Santa Fe, N. M., with him on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and BROWN, United States District Judge.

PER CURIAM.

This habeas corpus case is here for the second time. Appellant Sobota, a prisoner in the New Mexico State Penitentiary brought this action to set aside the judgment and sentence, alleging that he had been denied counsel at a preliminary hearing and that he did not voluntarily and understandingly enter a plea of guilty. When the case was first heard by the United States District Court for the District of New Mexico...

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