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BENAVIDEZ v. BAKER

No. 9766.

399 F.2d 591 (1968)

Christian BENAVIDEZ, Appellant, v. J. E. BAKER, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals Tenth Circuit.

August 26, 1968.

Attorney(s) appearing for the Case

William L. Panagulis, Denver, Colo. (Michael V. Makaroff, Denver, Colo., on the brief), for appellant.

Joseph F. Baca, Albuquerque, N. M. (Boston E. Witt, Atty. Gen., and Thomas O. Olson, Special Asst. Atty. Gen., on the brief), for appellee.

Before LEWIS, SETH and HICKEY, Circuit Judges.

PER CURIAM.

This is an apeal from an order of the United States District Court dismissing appellant's petition for writ of habeas corpus. By agreement of the parties the court heard the matter on the state court record and took no additional testimony.

Appellant had been sentenced by a state district court of New Mexico for a term of five to twenty years imprisonment pursuant to the New Mexico Habitual Criminal Act, N.M.Stat.Ann. § 41-16-4, since repealed...

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