Bernie Thomas Montoya v. State of New Mexico and John Shanks, Warden

HENRY, Circuit Judge.

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Habeas petitioner Bernie Thomas Montoya appeals from the district court’s order adopting the magistrate judge’s recommended disposition. The district court dismissed the petition, which challenged on double jeopardy grounds a sentence enhanced twice under the New Mexico Habitual Criminal Act, N.M. Stat.…