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BERRYHILL v. EVANS

No. 04-6392, No. 05-6038.

466 F.3d 934 (2006)

LAVERN BERRYHILL, Petitioner-Appellant v. EDWARD EVANS, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

October 25, 2006

Attorney(s) appearing for the Case

Submitted on the briefs:*

Raymond P. Moore, Federal Public Defender; Howard A. Pincus, Assistant Federal Public Defender, Denver, Colorado for Appellant.

W.A. Drew Edmondson, Attorney General of Oklahoma; Diane L. Slayton, Assistant Attorney General, Oklahoma City, Oklahoma for Appellee.

Before BRORBY and EBEL, Circuit Judges, and KANE, District Judge.

EBEL, Circuit Judge.

These appeals arise from Mr. Berryhill's fourth federal habeas petition seeking relief from his state court larceny convictions.1 In the ten years since the district court entered its final habeas judgment in this case, the case has come before us six times. We previously found it necessary to sanction Mr. Berryhill for filing successive applications to file second or successive petitions, a step that did not forestall...

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