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STRALEY v. UTAH BD. OF PARDONS

No. 08-4170.

582 F.3d 1208 (2009)

Robert Dale STRALEY, Petitioner-Appellant, v. UTAH BOARD OF PARDONS, and Clint Friel, Warden, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 28, 2009.

Attorney(s) appearing for the Case

Wade J. Skalsky, Submitted on the briefs, Liberty Bell Law Group, Burbank, CA, for Petitioner-Appellant.

Brent A. Burnett, Utah Attorney General's Office, Salt Lake City, UT, for Respondents-Appellees.

Before TACHA, TYMKOVICH, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Robert D. Straley, a Utah state prisoner, brings this pro se 28 U.S.C. § 2241 petition challenging the constitutionality of Utah's indeterminate sentencing scheme.1 He claims Utah's statutory sentencing framework, whereby a parole board determines the actual time an offender serves in prison, violates his federal due process and equal protection rights. The district court dismissed Straley's petition, finding...

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