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Before BRISCOE, Chief Judge, HOLLOWAY, Circuit Judge, MELGREN, District Judge.*fn1

Petitioner Carlos Tovar Mendoza (Tovar), a New Mexico state prisoner, appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we reverse the judgment of the district court and remand with instructions to conditionally grant Tovar’s petition, subject to the State of New Mexico allowing Tovar to withdraw his no contest plea and proceed on the criminal charges against him.

 
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