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CAPPS v. SULLIVAN

No. 91-2125.

13 F.3d 350 (1993)

James CAPPS, Petitioner-Appellee, v. George SULLIVAN, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

December 29, 1993.

Attorney(s) appearing for the Case

Submitted on the Briefs:*

Tova Indritz, Federal Public Defender, Albuquerque, NM, for petitioner-appellee.

Tom Udall, Atty. Gen., and Patricia A. Gandert, Asst. Atty. Gen., Santa Fe, NM, for respondent-appellant.

Before McKAY, Chief Circuit Judge, SETH, Senior Circuit Judge, and BRORBY, Circuit Judge.

BRORBY, Circuit Judge.

In this case we consider the jurisdiction of a United States District Court acting pursuant to 28 U.S.C. §§ 2241 et seq., the federal habeas corpus statute, to bar a state criminal proceeding.

BACKGROUND

In September 1986 Mr. James Capps was convicted of heroin trafficking by a state court in New Mexico. In August 1989 a United States District Court issued an order granting Mr. Capps' request for a writ of...

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