Court of Appeals for the Sixth Circuit May 29, 1980, 79-3057 (Paul Lewis Hayes v. Donald E. Bordenkircher, Superintendent, Kentucky State Penitentiary)

KEITH, Circuit Judge.

Petitioner-Appellant Hayes seeks this appeal from the judgment of the district court denying him habeas corpus relief (pursuant to 18 U.S.C. § 2254). Hayes claims that the application of Kentucky’s now repealed recidivist statute constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments.