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PEREZ v. TURNER

No. 71-1689.

462 F.2d 1056 (1972)

Patrick PEREZ, Petitioner-Appellant, v. John W. TURNER, Warden, Utah State Prison, et al., Respondent-Appellees.

United States Court of Appeals, Tenth Circuit.

July 17, 1972.

Attorney(s) appearing for the Case

Richard W. Giaugue, Salt Lake City, Utah, for petitioner-appellant.

David S. Young, Chief Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen., Salt Lake City, Utah, with him on the brief), for respondent-appellees.

Before LEWIS, Chief Judge, and KILKENNY and DOYLE, Circuit Judges.

PER CURIAM.

Appellant, an inmate of the Utah State Prison, seeks a writ of habeas corpus on the ground that his Eighth Amendment rights against cruel and inhuman punishment have been violated.

FACTS

Appellant is confined in the Utah State Prison as a result of his conviction for sodomy and assault with a dangerous weapon. After exhausting his state court habeas corpus remedies, appellant filed the instant action in the district

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