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CUNNINGHAM v. DIESSLIN

No. 95-1166.

92 F.3d 1054 (1996)

Anthony Lee CUNNINGHAM, Petitioner-Appellant, v. Warren T. DIESSLIN, Warden, Buena Vista Correctional Facility, Colorado Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 30, 1996.

Attorney(s) appearing for the Case

Kathleen A. Lord, Deputy State Public Defender (David F. Vela, Colorado State Public Defender, with her on the brief), Denver, Colorado, for Petitioner-Appellant.

Robert M. Petrusak, Senior Assistant Attorney General (Gale A. Norton, Attorney General, with him on the brief), Denver, Colorado, for Respondent-Appellee.

Before SEYMOUR, Chief Judge, KELLY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Anthony Lee Cunningham appeals from the district court's denial of his petition for a writ of habeas corpus. In 1982, Cunningham pleaded guilty in Colorado state court to first-degree sexual assault. He now argues that his plea was neither knowingly nor intelligently entered because he did not understand the length of incarceration to which he could be subjected. Cunningham mistakenly believed that he would serve only half of his sentence. He...

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