PEREZ v. SULLIVAN

No. 85-1842.

793 F.2d 249 (1986)

Filimon Castillo PEREZ, Petitioner-Appellant, v. George E. SULLIVAN, Warden, and Attorney General, State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

June 9, 1986.


Attorney(s) appearing for the Case

Peter Schoenburg, Asst. Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

Candice Marie Will, Asst. Atty. Gen. (Paul Bardacke, Atty. Gen., and Dale S. Morritz, Asst. Atty. Gen., with her on brief), Santa Fe, N.M., for respondents-appellees.

Before SEYMOUR, SETH and ANDERSON, Circuit Judges.


ANDERSON, Circuit Judge.

Filimon Castillo Perez ("defendant") appeals from an Order of the district court dismissing his petition for a writ of habeas corpus. He contends that a fifteen month delay between his guilty plea in state court on burglary charges, and sentencing following an habitual criminal proceeding violated his Sixth Amendment right to a speedy trial. He further contends that delay in bringing the habitual criminal charge violated his Fifth Amendment...

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