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QUINTERO v. BELL

No. 99-6724.

256 F.3d 409 (2001)

Derrick QUINTERO, Petitioner-Appellee, v. Ricky BELL, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed June 29, 2001.

Attorney(s) appearing for the Case

ON BRIEF: Rickie L. Pearson, OFFICE OF THE ATTORNEY GENERAL, Frankfort, Kentucky, for Appellant.

Paul L. Whalen, Ft. Thomas, Kentucky, for Appellee.

Paul L. Whalen (briefed), Ft. Thomas, KY, for Petitioner-Appellee.

Derrick Quintero, Nashville, TN, pro se.

Rickie L. Pearson (briefed), Office of the Attorney General, Frankfort, KY, for Respondent-Appellant.

Before KEITH, NORRIS, and DAUGHTREY, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

Warden Ricky Bell appeals from the district court's judgment granting a conditional writ of habeas corpus to Derrick Quintero pursuant to 28 U.S.C. § 2254. We AFFIRM.

I.

Quintero and other inmates escaped from the Kentucky State Penitentiary in June, 1988. In 1989, subsequent to his recapture, a jury convicted Quintero of second degree escape and first degree persistent felony offender...

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