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Eduardo Garcia v. Dareld L. Kerby Attorney General of the State of New Mexico
Citations: 48 F.3d 1231; 1995 U.S. App. LEXIS 18270; 1995 WL 91134Docket: 94-2000
Court: Court of Appeals for the Tenth Circuit; February 22, 1995; Federal Appellate Court
Eduardo Garcia, an inmate, appeals the denial of federal habeas relief under 28 U.S.C. § 2254 by the district court, asserting three claims: (1) denial of due process regarding the forfeiture of meritorious good time credits; (2) denial of equal protection due to the failure to grant good time credits while on parole; and (3) due process violations in the conduct of his parole revocation hearing. The Tenth Circuit reviewed the district court's factual findings for clear error and legal conclusions de novo. It affirmed the district court's denial of the first claim, finding that the state did not forfeit any earned good time credits, a conclusion supported by the evidentiary hearing findings. The court noted that the district court had not addressed the merits of Garcia's equal protection claim, thus remanding this issue for consideration. Regarding the third claim about parole revocation procedures, the court acknowledged that Garcia had been released on parole and had received the relief he sought, rendering this claim moot. The judgment of the district court was affirmed in part, vacated in part, and remanded for further action on the equal protection claim, while the moot third claim was directed to be dismissed. The order and judgment are not binding precedent except under specific doctrines, and the case was submitted without oral argument. Garcia's motion for a certificate of probable cause was granted.