John Clinton Allen v. Felix Rodriguez, Acting Warden, New Mexico State Penitentiary

PICKETT, Circuit Judge.

In this habeas corpus proceeding, appellant Allen seeks his release from the New Mexico State Penitentiary, where he is serving concurrently a 5 to 99 year sentence for burglary, and a 3 to 25 year sentence for armed robbery. He alleges that at the time he entered a plea of guilty to the crimes charged he was not afforded fundamental constitutional rights. The case is here for the second time. On the first appeal, the judgment of the United States District Court for the District of New Mexico denying relief was reversed and the case remanded for further hearing on the…