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GARCIA v. SHANKS

No. 02-2104.

351 F.3d 468 (2003)

Ricky R. GARCIA, Petitioner-Appellant, v. John SHANKS, Warden; Attorney General for the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Filed December 9, 2003.

Attorney(s) appearing for the Case

William A. L'Esperance, Albuquerque, NM, for Petitioner-Appellant.

Patricia A. Madrid, Attorney General; M. Victoria Wilson, Assistant Attorney General, Albuquerque, NM, for Respondents-Appellees.

Before MURPHY, BALDOCK, and O'BRIEN, Circuit Judges.

MURPHY, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore ordered submitted without oral argument.

I. Introduction

Petitioner-appellant, Ricky R. Garcia, is a New Mexico prisoner currently incarcerated in the state of California. Garcia...

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