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SWAZO v. WYO. DEPT. OF CORR. STATE PEN. WARDEN

No. 93-8047.

23 F.3d 332 (1994)

David SWAZO, Petitioner-Appellant, v. WYOMING DEPARTMENT OF CORRECTIONS STATE PENITENTIARY WARDEN, also known as Duane Shillinger; Wyoming Attorney General, also known as Joseph Meyer, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 2, 1994.

Attorney(s) appearing for the Case

David Swazo, pro se.

D. Michael Pauling, Sr. Asst. Atty. Gen., Cheyenne, WY, for respondents-appellees.

Before LOGAN and SETH, Circuit Judges, and KELLY, District Judge.

SETH, Circuit Judge.

Proceeding pro se, petitioner-appellant David Swazo appeals the district court's denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. We have jurisdiction under 28 U.S.C. § 1291. Because we conclude the district court erred in failing to appoint counsel to represent petitioner, we reverse and remand.1

Petitioner pleaded guilty to first degree sexual assault in 1987 and...

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