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CHAVEZ v. KERBY

No. 87-1164.

848 F.2d 1101 (1988)

Robert R. CHAVEZ, Plaintiff-Appellant, v. Dareld KERBY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

June 8, 1988.

Attorney(s) appearing for the Case

Edwin Macy, Asst. Federal Public Defender (Ann Steinmetz, Asst. Federal Public Defender, with him on the brief), Albuquerque, N.M., for plaintiff-appellant.

Anthony Tupler, Asst. Atty. Gen. (Hal Stratton, Atty. Gen., and Dale S. Morritz, Asst. Atty. Gen., with him on the brief), Santa Fe, N.M., for defendant-appellee.

Before SEYMOUR, MOORE and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Under 28 U.S.C. § 2254, Robert R. Chavez, a state prisoner, filed a petition for a writ of habeas corpus in the United States District Court for the District of New Mexico, naming as the respondent one Dareld Kerby, Chavez' custodian at the Central New Mexico Correctional Facility at Los Lunas, New Mexico. Chavez had been convicted by a state district court of New Mexico in Taos County of criminal sexual penetration of a child under...

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