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NIETO v. SULLIVAN

No. 87-1981.

879 F.2d 743 (1989)

Gilbert NIETO, Petitioner-Appellant, v. George SULLIVAN, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

June 26, 1989.

Attorney(s) appearing for the Case

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

William McEuen, Asst. Atty. Gen., Santa Fe, N.M. (Hal Stratton, Atty. Gen., Santa Fe, N.M., was also on the brief) for respondent-appellee.

Before HOLLOWAY, Chief Judge, and SEYMOUR and EBEL, Circuit Judges.

HOLLOWAY, Chief Judge.

Petitioner-appellant Gilbert Nieto appeals from the district court's order dismissing his petition for a writ of habeas corpus and adopting the findings and recommendations of the Magistrate. Petitioner was convicted in a New Mexico state district court, following a jury trial, of the assault, battery and armed robbery of Francisco Rodriguez. We affirm.

I.

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