ALLEN v. RODRIGUEZ

No. 9062.

372 F.2d 116 (1967)

John Clinton ALLEN, 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

John A. Mitchell, Santa Fe, N. M., for appellant.

L. D. Harris, Sp. 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, District Judge.


PICKETT, Circuit Judge.

In this habeas corpus proceeding, appellant Allen seeks his release from the New Mexico State Penitentiary, where he is serving concurrently a 5 to 99 year sentence for burglary, and a 3 to 25 year sentence for armed robbery. He alleges that at the time he entered a plea of guilty to the crimes charged he was not afforded fundamental constitutional rights. The case is here for the second time. On the first appeal, the judgment of the United...

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