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TIPTON v. BAKER

No. 10172.

432 F.2d 245 (1970)

Kenneth D. TIPTON, Appellant, v. J. E. BAKER, Warden, Appellee.

United States Court of Appeals, Tenth Circuit.

September 28, 1970.

Attorney(s) appearing for the Case

Hugh D. Rice, Oklahoma City, Okl. (Rainey, Flynn, Welch, Wallace, Ross & Cooper, Oklahoma City, Okl., on the brief), for appellant.

Joseph F. Baca, Sp. Asst. Atty. Gen., Albuquerque, N. M. (James A. Maloney, Atty. Gen., State of N. M., on the brief), for appellee.

Before HICKEY and HOLLOWAY, Circuit Judges, and EUBANKS, District Judge.

HOLLOWAY, Circuit Judge.

This appeal is taken from the denial of habeas corpus relief by the Federal District Court. Appellant sought relief from custody under a New Mexico State Court sentence as increased of 49½ to 198 years in lieu of a prior sentence of 49½ to 99 years. The enhanced punishment was given on re-sentencing following collateral proceedings in which the prior sentence was set aside by the New Mexico Supreme Court for defects in State procedure...

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