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MIRANDA v. COOPER

No. 91-1080.

967 F.2d 392 (1992)

Valerio Ernest MIRANDA, Petitioner-Appellant, v. Thomas COOPER, Superintendent, Respondent-Appellee, and Frank Gunter, (Gunther) sic, Director, D.O.C., Respondent.

United States Court of Appeals, Tenth Circuit.

June 17, 1992.

Attorney(s) appearing for the Case

Vicki Mandell-King, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, Colo., for petitioner-appellant.

John Daniel Dailey, Deputy Atty. Gen. (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., with him on the brief), for respondent-appellee and respondent.

Before SEYMOUR and BARRETT, Circuit Judges, and HUNTER, District Judge.

BARRETT, Senior Circuit Judge.

Valerio Ernest Miranda (Miranda), a Colorado state prisoner, appeals from the district court's order adopting the recommendations of the United States magistrate judge in denying his petition for federal habeas corpus relief pursuant to 28 U.S.C. § 2254.

Background

Miranda was convicted following trial by jury in the District Court of Larimer County, Colorado, and sentenced on January 17, 1986, to eight...

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