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NICHOLS v. McCORMICK

No. 90-35416.

929 F.2d 507 (1991)

Dan NICHOLS, Petitioner-Appellant, v. Jack McCORMICK, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1991.

Attorney(s) appearing for the Case

Wendy Holton, Helena, Mont., for petitioner-appellant.

Elizabeth S. Baker, Asst. Atty. Gen., Helena, Mont., for respondent-appellee.

Before BROWNING, WRIGHT and FARRIS, Circuit Judges.

EUGENE A. WRIGHT, Circuit Judge:

Nichols was convicted in state court of kidnapping and assault. The court sentenced him to ten years for kidnapping and six months for assault. It imposed an additional ten years, to run consecutively to the other sentences, for using a firearm while engaged in the commission of an offense, under the Montana weapons enhancement statute.1

Having exhausted his state court remedies, Nichols petitioned...

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