WHITNEY v. BOOKER

No. 97-1243.

147 F.3d 1280 (1998)

Jimmie Lee WHITNEY, Petitioner-Appellee, v. Joseph T. BOOKER, Warden, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

July 10, 1998.


Attorney(s) appearing for the Case

Vicki Mandell-King, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender with her on the brief), Denver, Colorado, for Petitioner-Appellee.

Richard K. Preston, United States Department of Justice (Henry L. Solano, United States Attorney and Mark S. Pestal, Assistant United States Attorney, Denver, Colorado, with him on the brief), Chevy Chase, Maryland, for Respondent-Appellant.

Before SEYMOUR, Chief Judge, BALDOCK, and BRISCOE, Circuit Judges.


BALDOCK, Circuit Judge.

Respondent appeals the order of the district court granting Petitioner habeas corpus relief under 28 U.S.C. § 2241. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we review the district court's ruling on the habeas petition de novo. Sinclair v. Henman, 986 F.2d 407 (10th Cir.1993). Applying this standard, we affirm.

I.

On March 10, 1978, the district court sentenced...

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