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HERNANDEZ v. STARBUCK

No. 94-8086.

69 F.3d 1089 (1995)

Rudy HERNANDEZ, Petitioner-Appellant, v. Gary STARBUCK, Superintendent of the Wyoming Honor Farm; Attorney General of the State of Wyoming, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 9, 1995.

Attorney(s) appearing for the Case

Howard A. Pincus, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender with him on the brief), Denver, Colorado, for Petitioner-Appellant.

Paul S. Rehurek, Senior Assistant Attorney General, Cheyenne, Wyoming, for Respondents-Appellees.

Before MOORE, ANDERSON and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Mr. Hernandez appeals the district court's denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We exercise jurisdiction under 28 U.S.C. §§ 2253 and 1291.1

In January 1993, Mr. Hernandez pleaded guilty to drug charges in Wyoming district court. According to the original sentencing transcript, the court orally imposed the following sentence: "It's the judgment and sentence...

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