VEGA v. SUTHERS

No. 98-1024.

195 F.3d 573 (1999)

Juan Cruz VEGA, Petitioner-Appellant, v. John SUTHERS, Director of Colorado Department of Corrections; Bob Hickock, Warden of Delta Correctional Center, Delta, Colorado; Ken Salazar, Attorney General for the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

October 26, 1999.


Attorney(s) appearing for the Case

Andrew C. Heher, Deputy State Public Defender, Denver, Colorado, (David F. Vela, Colorado State Public Defender, with him on the brief), for Petitioner-Appellant.

Roger Griffin Billotte, Assistant Attorney General, Criminal Enforcement Section, Denver, Colorado, (Ken Salazar, Attorney General, with him on the brief), for Respondents-Appellees.

Before TACHA, BALDOCK, and MURPHY, Circuit Judges.


MURPHY, Circuit Judge.

I. INTRODUCTION

Juan Cruz Vega was convicted in Colorado state court on charges of possessing more than twenty-eight grams of cocaine with intent to distribute. See Colo.Rev. Stat. §§ 18-18-105(1), (3) (1991). Although the presumptive sentencing range1 for a conviction on such charges was from four to sixteen years,2

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