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Albert Johnson v. Wayne K. Patterson, Warden, Colorado State Penitentiary

Albert JOHNSON, Appellant, v. Wayne K. PATTERSON, Warden, Colorado State Penitentiary, Appellee

Johnson v. Wayne K. Patterson,, Colo. State Penitentiary, 367 F.2d 268 (10th Cir. 1966)
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Court
Court of Appeals for the Tenth Circuit · U.S. Courts of Appeals
Decided
October 11, 1966
Docket
No. 8761
Judges
Lewis, Breitenstein, Hill
Citations
367 F.2d 2681966 U.S. App. LEXIS 4749

Opinion — Per Curiam

PER CURIAM.

Petitioner, a state prisoner, alleging the existence of a great disparity between the sentence he is now serving and the sentence imposed upon a co-defendant, sought issuance of a writ of habeas corpus in the United States District Court for the District of Colorado. The trial court, after comprehensive review of the state court record determined that petitioner’s severe sentence had not been arbitrarily imposed so as to violate a federal constitutional right and denied the petition for the writ.

No appellate claim is made that the judgment of the district court is faulty either upon the merits or upon *269 jurisdictional grounds. Appellate counsel does assert that petitioner’s conviction and sentence are suspect upon several grounds which have not bqen presented to the Colorado state courts and which were not decided by the federal district court. This court, of course, does not review arguments but limits its consideration to that which is decided in the court below.

The writ was properly denied and the judgment is affirmed.

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1969: 11970: 119692026peak 1969 · 1

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