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MONTOYA v. STATE OF N.M.

No. 94-2186.

55 F.3d 1496 (1995)

Bernie Thomas MONTOYA, Petitioner-Appellant, v. STATE OF NEW MEXICO and John Shanks, Warden, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 22, 1995.

Attorney(s) appearing for the Case

Stephen P. McCue, Asst. Public Defender, Office of the Public Defender, Albuquerque, NM, for petitioner-appellant, Bernie Thomas Montoya.

Daniel F. Haft, Asst. Atty. Gen., and Tom Udall, Atty. Gen., Office of the Atty. Gen., State of N.M., Santa Fe, NM, for respondents-appellees State of N.M. and John Shanks, Warden.

Before SEYMOUR, Chief Judge, McKAY and HENRY, Circuit Judges.

HENRY, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Habeas petitioner Bernie Thomas Montoya appeals from the district court's order adopting the magistrate judge's recommended disposition. The district court...

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