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ESQUIBEL v. RICE

No. 92-1343.

13 F.3d 1430 (1994)

Donaciano ESQUIBEL, Petitioner-Appellant, v. J. Frank RICE, Dr.; Gale A. Norton, Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

January 7, 1994.

Attorney(s) appearing for the Case

Andrew C. Heher, Deputy State Public Defender (David F. Vela, Colorado State Public Defender, with him on the brief), Golden, CO, for petitioner-appellant.

Clement P. Engle, Sr. Asst. Atty. Gen., Crim. Enforcement Section (Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., John Daniel Dailey, Deputy Atty. Gen., Robert Mark Russell, First Asst. Atty. Gen., with him on the brief), Denver, CO, for respondents-appellees.

Before BALDOCK, ALDISERT, and BRORBY, Circuit Judges.

ALDISERT, Circuit Judge.

This appeal by Donaciano Esquibel from a denial of a petition for writ of habeas corpus brought under 28 U.S.C. § 2254 requires us to decide if the jury instructions delivered during his trial in Colorado state court on a charge of second degree burglary "so infected the entire trial that the resulting conviction violates due process." Cupp. v. Naughten, 414 U.S. 141, 147, 94 S.Ct. 396, 400, 38 L...

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