RODRIGUEZ v. MAYNARD

No. 91-6175.

948 F.2d 684 (1991)

Demetrio Ortiz RODRIGUEZ, Petitioner-Appellant, v. Gary MAYNARD, Director; Attorney General, State of Oklahoma, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 6, 1991.


Attorney(s) appearing for the Case

Demetrio Ortiz Rodriguez, pro se.

Susan Brimer Loving, Atty. Gen., and Diane L. Slayton, Asst. Atty. Gen., for the defendants-appellees.

Before ANDERSON, TACHA and BRORBY, Circuit Judges.


TACHA, Circuit Judge.

Petitioner-appellant Demetrio Ortiz Rodriguez appeals from the district court's denial of his petition for writ of habeas corpus. Because we conclude the petition constitutes an abuse of the writ, we exercise jurisdiction under 28 U.S.C. § 1291 and affirm.1

In 1977, Mr. Rodriguez pleaded guilty to the offenses of first degree rape and assault and battery with intent to kill. Rodriguez was sentenced to...

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