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KELLEY v. KAISER

No. 92-6020.

992 F.2d 1509 (1993)

Michael KELLEY, Petitioner-Appellant, v. Stephen KAISER and Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 17, 1993.

Attorney(s) appearing for the Case

Michael G. Katz, Federal Public Defender, and Vicki Mandell-King, Asst. Federal Public Defender, Denver, CO (Michael Kelley also filed two briefs pro se), for petitioner-appellant.

Susan Brimer Loving, Atty. Gen. of Oklahoma, and Jennifer B. Miller, Asst. Atty. Gen., Oklahoma City, OK, for respondent-appellee.

Before LOGAN and SEYMOUR, Circuit Judges, and BROWN, District Judge.

SEYMOUR, Circuit Judge.

Michael Kelley, a pro se prisoner, brought this petition for habeas corpus relief under 28 U.S.C. § 2254 (1988) challenging his 1978 conviction in Oklahoma state court for robbery with firearms after a former felony conviction, for which he was sentenced to thirty-five years imprisonment. Mr. Kelley, who pled guilty to the above charge, asserts that his sentence was improperly enhanced by a prior 1965 conviction because he was unconstitutionally...

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