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HOGGRO v. BOONE

No. 97-6383.

150 F.3d 1223 (1998)

Allan HOGGRO, Petitioner-Appellant, v. Bobby BOONE, Warden, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing and Suggestion for Rehearing Denied July 24, 1998.

Opinion Ordered Published July 24, 1998.

Attorney(s) appearing for the Case

Allan Hoggro, pro se, for appellant.

Alicia A. George, Assistant Attorney General for the State of Oklahoma, for appellees.

Before BALDOCK, EBEL and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 24, 1998.

EBEL, Circuit Judge.

This appeal involves the proper application of the new one-year statute of limitations for habeas corpus petitions under the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, § 101, 110 Stat. 1321 (codified at 28 U.S.C.A. §§ 2244(d)(1) — (d)(2) (West Supp.1998)). Because the district court failed to apply the statutorily...

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