VALDEZ v. BRAVO

No. 03-2102.

373 F.3d 1093 (2004)

Eberardo VALDEZ, also known as Eberardo Lalo Valdez, Petitioner-Appellee, v. Erasmo BRAVO, Warden, Guadalupe County Correctional Facility; Attorney General for the State of New Mexico, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

June 25, 2004.


Attorney(s) appearing for the Case

Max Shepherd, Assistant Attorney General (Patricia A. Madrid, Attorney General, with him on the briefs), Albuquerque, NM, for Respondents-Appellants.

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, for Petitioner-Appellee.

Before LUCERO, McCONNELL, and TYMKOVICH, Circuit Judges.


TYMKOVICH, Circuit Judge.

In this habeas case, the United States District Court for the District of New Mexico granted relief to petitioner Eberardo Valdez under 28 U.S.C. § 2254 (2000), ruling that the evidence was insufficient to support his conviction as an accessory to second-degree murder. The government appeals. Exercising jurisdiction pursuant to 28 U.S.C. § 2253, we reverse the district court's grant of habeas relief.

I. BACKGROUND

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