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YPARREA v. DORSEY

No. 94-2196.

64 F.3d 577 (1995)

Christopher YPARREA, Petitioner-Appellant, v. Donald A. DORSEY, Warden, and Attorney General of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 1, 1995.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Kurt J. Mayer, Asst. Federal Public Defender, Office of Federal Public Defender, Las Cruces, NM, for petitioner-appellant.

Tom Udall, Atty. Gen. (Patricia A. Gandert with him on the brief), Office of Atty. Gen., State of New Mexico, Santa Fe, NM, for respondent-appellees.

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

HENRY, Circuit Judge.

New Mexico prisoner Christopher Eugene Yparrea appeals from the dismissal of his habeas corpus petition. He contends that the state subjected him to double jeopardy when it enhanced his sentence using two prior felonies, the first of which had already been used to establish the second. Additionally, he contends that it was double jeopardy to impose consecutive sentences for burglary and larceny on the same set of facts. For the reasons given...

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