Gauntlett v. Kelley

OPINION

ENSLEN, District Judge.

The petitioner in this case, Roger A. Gauntlett, filed a Petition for Writ of Habe-as Corpus on November 12, 1986, in which he essentially requests the Court to declare illegal his sentence of September 21, 1984 and to allow him to serve a probationary sentence of five years, absent the unlawful condition that he submit to treatment with the drug Depo-Provera. Petitioner raises three grounds in support of his petition. First, he argues that prosecutorial misconduct deprived him of his due process right to a fundamentally fair sentencing. Secondly, he argues that…