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DEATS v. RODRIGUEZ

No. 72-1637.

477 F.2d 1023 (1973)

Donald A. DEATS, Appellant, v. Felix RODRIGUEZ, Warden, New Mexico State Penitentiary, Appellee.

United States Court of Appeals, Tenth Circuit.

Decided May 3, 1973.

Attorney(s) appearing for the Case

Charles T. Flett, Arvada, Colo., for appellant.

Jay R. Rosenthal, Sp. Asst. Atty. Gen. (David L. Norvell, Atty. Gen., with him on the brief), for appellee.

Before SETH and BARRETT, Circuit Judges, and SMITH, District Judge.

SETH, Circuit Judge.

The petitioner, Donald A. Deats, appeals from an order of the United States District Court for the District of New Mexico dismissing his petition for a writ of habeas corpus.

Appellant was found guilty in a New Mexico state court of aggravated burglary and larceny of property, and sentenced to concurrent terms in the New Mexico State Penitentiary. He exhausted all possible state remedies and applied to the United States District Court...

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