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CHAVEZ v. RODRIGUEZ

No. 76-1016.

540 F.2d 500 (1976)

Robert E. CHAVEZ, Plaintiff-Appellant, v. Felix RODRIGUEZ, Warden, New Mexico State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided August 26, 1976.

Attorney(s) appearing for the Case

David E. Booth, Asst. Federal Public Defender, Albuquerque, N.M., for plaintiff-appellant.

Toney Anaya, Atty. Gen., Andrea Buzzard, Asst. Atty. Gen., Santa Fe, N.M., for defendant-appellee.

Before PICKETT, Senior Circuit Judge, and SETH and McWILLIAMS, Circuit Judges.

PER CURIAM.

Chavez is appealing denial of habeas corpus relief by the United States District Court for the District of New Mexico. We affirm.

Appellant Chavez is an inmate at the New Mexico State Penitentiary as a result of his 1974 conviction for possession of heroin. Sentence imposed March 21, 1974 was to not less than one nor more than five years imprisonment. Judgment and sentence were affirmed on direct appeal. State v. Chavez, 87...

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