RICHMOND v. EMBRY

No. 96-1380.

122 F.3d 866 (1997)

Billie Leon RICHMOND, Petitioner-Appellee, v. Larry EMBRY, Superintendent/Warden, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

August 11, 1997.


Attorney(s) appearing for the Case

Patrick D. Butler of Lamm, Freeman & Butler, LLC, Boulder, CO, for Petitioner-Appellee.

Clemmie P. Engle, Senior Assistant Attorney General (Gale Norton, Attorney General, with her on the briefs), Denver, CO, for Respondent-Appellant.

Before BRORBY, LOGAN and HENRY, Circuit Judges.


BRORBY, Circuit Judge.

The United States District Court for the District of Colorado granted Mr. Richmond's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

I.

In 1992, following a jury trial in Boulder, Colorado, Mr. Richmond was convicted of two counts of sexual assault on a child by one in a position of trust and was sentenced to two consecutive sixteen...

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