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SANDOVAL v. RODRIGUEZ

No. 71-1547.

461 F.2d 1097 (1972)

Gilbert SANDOVAL, Petitioner-Appellant, v. Felix RODRIGUEZ, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 22, 1972.

Attorney(s) appearing for the Case

Frank H. Allen, Jr., Albuquerque, N. M., for petitioner-appellant.

Joseph F. Baca, Sp. Asst. Atty. Gen. (David Norvell, Atty. Gen., on the brief), for respondent-appellee.

Before SETH and McWILLIAMS, Circuit Judges, and CHRISTENSEN, District Judge.

McWILLIAMS, Circuit Judge.

This is a 28 U.S.C. § 2254 proceeding wherein Sandoval, a state prisoner, brought an action against Rodriguez, the Warden of the New Mexico State Penitentiary. Sandoval was at the time serving a life sentence in the New Mexico State Penitentiary for the crime of burglary, the sentence having been imposed under the state's habitual criminal statute.

More specifically, Sandoval was convicted by a jury of burglary on January 21...

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