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FRISTOE v. THOMPSON

No. 97-6246.

144 F.3d 627 (1998)

James R. FRISTOE, Petitioner-Appellant, v. R.G. THOMPSON, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

April 28, 1998.

Attorney(s) appearing for the Case

James R. Fristoe, pro se.

Patrick M. Ryan, United States Attorney, Ronny D. Pyle, Assistant United States Attorney, Western District of Oklahoma, Oklahoma City, Oklahoma.

Before ANDERSON, McKAY, and LUCERO, Circuit Judges.

McKAY, Circuit Judge.

Appellant James R. Fristoe appeals from the district court's order denying his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241.1 The issue to be resolved in this appeal is whether a prisoner convicted of a nonviolent drug offense, whose sentence was enhanced for possession of a firearm, is categorically disqualified from receiving a sentence reduction made available only to prisoners convicted...

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