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GONZALES v. LYTLE

No. 97-2247.

167 F.3d 1318 (1999)

Pedro GONZALES, Petitioner-Appellant, v. Ron LYTLE, Warden, Southern New Mexico Correctional Facility; Attorney General for the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

February 9, 1999.

Attorney(s) appearing for the Case

Todd B. Hotchkiss, Frechette & Associates, Albuquerque, New Mexico, for Appellant.

Margaret E. McLean, Assistant Attorney General (Tom Udall, Attorney General, with her on the brief), Santa Fe, New Mexico, for Appellees.

Before ANDERSON, TACHA, and EBEL, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Petitioner Pedro Gonzales, Sr. appeals the denial of his 28 U.S.C. § 2254 habeas petition. He was convicted by a jury of first degree murder, shooting into an occupied motor vehicle, and being a felon in possession of a firearm, in connection with the murder of Michael Sandoval. We reverse and remand.

BACKGROUND

There was a "history of animosity" between Ben Rivera and Pedro Gonzales and the Gonzales family...

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