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BAKER v. COWLEY

No. 90-6354.

931 F.2d 1394 (1991)

Gary Wayne BAKER, Petitioner-Appellant, v. Jack COWLEY, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 29, 1991.

Attorney(s) appearing for the Case

Gary Wayne Baker, pro se.

Robert H. Henry, Atty. Gen., Oklahoma, Wellon B. Poe, Asst. Atty. Gen., Oklahoma City, Okl., for Cowley.

Before McKAY, SEYMOUR and EBEL, Circuit Judges.

EBEL, Circuit Judge.

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

The issue we decide1 is whether an Oklahoma second degree murder statute that requires the imposition of a mandatory indeterminate sentence of ten years to life upon conviction violates the Eighth and Fourteenth Amendments of the United States Constitution. We hold that it does not.

FACTS

Petitioner-appellant, Gary Baker...

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