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MENDRANO v. SMITH

No. 84-1735.

797 F.2d 1538 (1986)

Jaime B. MENDRANO, Petitioner-Appellant, v. William French SMITH, Attorney General of the United States, Casper Weinberger, Secretary of Defense, John O. Marsh, Secretary of the Army, Colonel O.L. McCotter, Commandant, U.S. Disciplinary Barracks, U.S. Army Combined Arms Center, Fort Leavenworth, Kansas, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

July 31, 1986.

Attorney(s) appearing for the Case

Henri J. Watson, Dennis D. Gooden, Kansas City, Mo., and C. Albert Herdoiza, Kansas City, Kan., were on brief for petitioner-appellant.

Benjamin L. Burgess, Jr., U.S. Atty. and Alleen S. Castellani, Asst. U.S. Atty., Topeka, Kan., were on brief for respondents-appellees.

Before HOLLOWAY, Chief Judge, LOGAN, Circuit Judge, and WINDER, District Judge.

HOLLOWAY, Chief Judge.

In this habeas corpus proceeding, petitioner-appellant Jaime B. Mendrano, a discharged army private incarcerated in the United States Disciplinary Barracks at Fort Leavenworth, Kansas, challenges his convictions for premeditated murder and lewd and lascivious conduct with respect to one woman, and rape with respect to another. He asserts that his trial violated his Sixth Amendment right to jury trial and "to a fair and impartial jury," and his...

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