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SCRIVNER v. TANSY

No. 94-2271.

68 F.3d 1234 (1995)

Roy B. SCRIVNER, Petitioner-Appellant, v. Robert J. TANSY, Warden, New Mexico State Penitentiary; Attorney General for the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

October 18, 1995.

Attorney(s) appearing for the Case

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, New Mexico, for Petitioner-Appellant.

Tom Udall, Attorney General, Margaret McLean, Assistant Attorney General, Santa Fe, New Mexico, for Respondents-Appellees.

Before BALDOCK, HOLLOWAY, and BRORBY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Petitioner-Appellant Roy B. Scrivner appeals from an order of the district court denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.1 We exercise jurisdiction pursuant to 28 U.S.C. §§ 1291 and 22532 and affirm.

I

On the night of March 15, 1982, the Griswold Trading Post, operated by the Griswold family and located within...

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