1. Home
  2. Browse Decisions
  3. F.2d
  4. 922 F.2d
  5. 922 F.2d 1464 (1991)
 

GUTIERREZ v. MORIARTY

No. 88-1849.

922 F.2d 1464 (1991)

Toby Joe GUTIERREZ, Petitioner-Appellant, v. Dan MORIARTY, Warden, Attorney General of the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

January 7, 1991.

Attorney(s) appearing for the Case

Ann Steinmetz, Asst. Federal Public Defender, Albuquerque, N.M., for petitioner-appellant.

Hal Stratton, Atty. Gen. and Bill Primm, Asst. Atty. Gen., Santa Fe, N.M., for respondents-appellees.

Before MCKAY, SEYMOUR and ANDERSON, Circuit Judges.

SEYMOUR, Circuit Judge.

Toby Joe Gutierrez brought this habeas corpus action pursuant to 28 U.S.C. § 2254 (1988) challenging the constitutionality of his conviction and sentence under New Mexico law for heroin trafficking. A federal magistrate denied Gutierrez' motion for an evidentiary hearing and issued proposed findings recommending that relief be denied. The district court adopted the recommendation and Gutierrez appeals. Gutierrez contends that: (1) the...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases