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HOWARD v. ULIBARRI

No. 05-2346.

457 F.3d 1146 (2006)

Craig Steven HOWARD, Petitioner-Appellee, v. Robert ULIBARRI, Warden, Southern New Mexico Correctional Facility; Attorney General for the State of New Mexico, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

August 9, 2006.

Attorney(s) appearing for the Case

Joel Jacobsen, Assistant Attorney General (Patricia A. Madrid, New Mexico Attorney General, with him on the briefs), Albuquerque, NM, for Respondent-Appellant.

Madeline S. Cohen, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with her on the brief), Denver, CO, for Petitioner-Appellee.

Before MURPHY, SEYMOUR, and McCONNELL, Circuit Judges.

McCONNELL, Circuit Judge.

Following his conviction in 1999 for several offenses under New Mexico state law, Craig Howard received a sixteen-year prison sentence. After seeking state post-conviction relief, Mr. Howard sought a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The district court found Mr. Howard's petition timely, holding that his motions for modification of sentence under New Mexico Rule of Criminal...

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