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GONZALES v. TAFOYA

No. 06-2034.

515 F.3d 1097 (2008)

Colin GONZALES, Petitioner-Appellant, v. Lawrence TAFOYA, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

February 5, 2008.

Attorney(s) appearing for the Case

Margaret A. Katze, Assistant Federal Public Defender, Albuquerque, New Mexico, for the Petitioner-Appellant.

M. Victoria Wilson, Assistant Attorney General, State of New Mexico (Patricia A. Madrid, Attorney General of New Mexico, with her on the brief), Albuquerque, New Mexico, for the Respondent-Appellee.

Before HENRY, Chief Judge, ANDERSON and GORSUCH, Circuit Judges.

HENRY, Chief Judge.

Colin Gonzales pleaded guilty in New Mexico state court to committing second-degree murder, aggravated burglary, aggravated battery, and, aggravated assault when he was fourteen years old. In determining an appropriate sentence, the state trial court applied N.M. Stat. Ann. § 322-20 (1978, as amended through 1996), which allowed a juvenile who has committed certain serious crimes to be sentenced as an adult if "(1) the child is not amenable...

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