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U.S. v. DAGO

No. 04-1184.

441 F.3d 1238 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. George Erman DAGO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 30, 2006.

Attorney(s) appearing for the Case

Stephen M. Wheeler, Wheeler Law Offices PC, Evergreen, CO, for Defendant-Appellant.

John M. Hutchins, Assistant United States Attorney, Denver, CO (William J. Leone, Acting United States Attorney, with him on the brief), for Plaintiff-Appellee.

Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and HENRY, Circuit Judge.

EBEL, Circuit Judge.

In this case, George Erman Dago appeals from the denial of his 28 U.S.C. § 2255 petition for habeas relief by the United States District Court for the District of Colorado. We conclude that the district court's failure to instruct the jury in Dago's 1992 trial in accordance with the subsequent holding of Richardson v. United States, 526 U.S. 813, 815, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999) (holding that...

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