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ALLEN v. REED

No. 03-1185.

427 F.3d 767 (2005)

Gerald ALLEN, Petitioner-Appellant, v. Larry REED, and John Suthers, The Attorney General of the State of Colorado, Respondents-Appellees, Colorado State Public Defender, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

October 21, 2005.

Attorney(s) appearing for the Case

Philip A. Cherner, Denver, CO, (Edward J. LaBarre, Colorado Springs, CO, with him on the brief), for Petitioner-Appellant.

John D. Seidel, Assistant Attorney General (John Suthers, Attorney General, with him on the briefs), Denver, CO, for Respondents-Appellees.

David S. Kaplan, Colorado State Public Defender, and Andrew C. Heher, Deputy State Public Defender, filed a brief for Amicus Curiae Colorado State Public Defender in support of Petitioner-Appellant.

Before LUCERO, SEYMOUR and ANDERSON, Circuit Judges.

SEYMOUR, Circuit Judge.

Gerald Allen is a state prisoner in the custody of the Colorado Department of Corrections (DOC). He filed a pro se 28 U.S.C. § 2254 petition for a writ of habeas corpus in federal district court contending his Colorado vehicular eluding sentence ran afoul of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The district court denied his petition and dismissed the...

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