CORDOVA v. ROMERO

Nos. 79-1288, 79-1302, 79-1312 and 79-1324.

614 F.2d 1267 (1980)

Armando A. CORDOVA, Jr., Raymond Gutierrez, Eddie Diaz and Thomas William Martinez, Petitioners-Appellants, v. Levi ROMERO, Warden, and Attorney General of the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided February 11, 1980.


Attorney(s) appearing for the Case

R. Raymond Twohig, Jr., Asst. Federal Public Defender, Albuquerque, N. M., for petitioners-appellants.

Andrea Buzzard, Asst. Atty. Gen., Santa Fe, N. M. (Jeff Bingaman, Atty. Gen., Santa Fe, N. M., on brief), for respondents-appellees.

Before SETH, Chief Judge, McKAY, Circuit Judge, and MATSCH, District Judge.


McKAY, Circuit Judge.

In this consolidated appeal four prisoners in the New Mexico penitentiary challenge the district court's denial of their petitions for habeas corpus. Each argues that as a result of a single act — the use of a firearm in the commission of a crime — his sentence was twice enhanced, thereby violating the constitutional prohibition against double jeopardy.

Although the underlying...

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