LEMIEUX v. KERBY

No. 90-2253.

931 F.2d 1391 (1991)

Paul LEMIEUX, Petitioner-Appellant, v. Dareld KERBY, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 26, 1991.


Attorney(s) appearing for the Case

Paul Lemieux, pro se.

Tom Udall, Atty. Gen. of New Mexico, Katherine Zinn, Asst. Atty. Gen., Santa Fe, N.M., for respondent-appellee.

Before McKAY, SEYMOUR, and EBEL, Circuit Judges.


EBEL, Circuit Judge.

We grant the appellant's application for certificate of probable cause.

The appellant, Paul Lemieux, appeals from the district court's dismissal of his 28 U.S.C. § 2254 habeas petition. Lemieux raises one issue for this court to consider:1 whether a New Mexico sentencing statute that authorizes a sentence reduction (credit) for post-sentencing "good time" served but does not authorize credit for pre-sentencing...

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