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MARTINEZ v. ROMERO

No. 79-2262.

661 F.2d 143 (1981)

Nasario D. MARTINEZ, Jr., Petitioner-Appellant, v. Levi ROMERO, Warden, New Mexico State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided October 5, 1981.

Attorney(s) appearing for the Case

William W. Deaton, Jr., Federal Public Defender, and R. Raymond Twohig, Jr., Asst. Federal Public Defender, Albuquerque, N. M., for petitioner-appellant.

Before BARRETT, HILL and McKAY, Circuit Judges.

Submitted on the Briefs Pursuant to Tenth Circuit Rule 9.

PER CURIAM.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Circuit R. 10(e). The cause is therefore ordered submitted without oral argument.

This cause was earlier partly remanded for a determination of whether...

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