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U.S. v. CHALLONER

No. 08-1335.

583 F.3d 745 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Dale CHALLONER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 14, 2009.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Robert G. Levitt, Esq., Denver, CO, for Appellant.

David M. Gaouette, Acting United States Attorney, and Andrew A. Vogt, Assistant United States Attorney, Office of the United States Attorney for the District of Colorado, for Appellee.

Before TACHA, BALDOCK, and LUCERO, Circuit Judges.

TACHA, Circuit Judge.

Dale Challoner, a federal prisoner, filed a habeas petition pursuant to 28 U.S.C. § 2255 alleging ineffective assistance of counsel and violation of the Double Jeopardy Clause. The district court denied his petition. This court granted a certificate of appealability ("COA") on the issue of "whether Mr. Challoner's sentence on Count 14, which charged a violation of 18 U.S.C. § 844(h), violates...

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