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TYRRELL v. CROUSE

No. 525-69.

422 F.2d 852 (1970)

Richard D. TYRRELL, Appellant, v. Sherman H. CROUSE, Warden, Kansas State Penitentiary, Lansing, Kansas, Appellee.

United States Court of Appeals Tenth Circuit.

January 26, 1970.

Attorney(s) appearing for the Case

Kent Frizzell, Atty. Gen., and Edward G. Collister, Jr., Asst. Atty. Gen., have filed a motion to affirm on behalf of appellee.

Appellant has filed a memorandum in opposition to appellee's motion to affirm.

Before LEWIS, BREITENSTEIN and HILL, Circuit Judges.

PER CURIAM.

Tyrrell is confined in the Kansas State Prison, serving an habitual offender sentence of not less than fifteen years, imposed in 1965, upon his plea of guilty to third-degree forgery. He has exhausted state remedies. Tyrell v. State, 199 Kan. 142, 427 P.2d 500 (1967).

He attacks his sentence as an habitual offender on the grounds that he was

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