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GONZALES v. THOMAS

No. 95-2279.

99 F.3d 978 (1996)

Larry GONZALES, Petitioner-Appellant, v. John THOMAS, Warden; Attorney General of the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

November 5, 1996.

Attorney(s) appearing for the Case

Joseph W. Gandert, Assistant Federal Public Defender, Albuquerque, NM, for Petitioner-Appellant.

Max Shepherd, Assistant Attorney General (Tom Udall, Attorney General of New Mexico, with him on the brief), Santa Fe, NM, for Respondents-Appellees.

Before TACHA, BALDOCK and BRORBY, Circuit Judges.

BRORBY, Circuit Judge.

Larry Gonzales, a prisoner of the State of New Mexico, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Mr. Gonzales claimed his state conviction violated, among others,1 his right under the Sixth Amendment to an impartial jury. The respondent conceded Mr. Gonzales had exhausted his state remedies. After an evidentiary hearing, a federal magistrate judge issued proposed findings and...

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