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LOSH v. FABIAN

No. 09-1394.

592 F.3d 820 (2010)

Stephanie Dawn LOSH, Petitioner-Appellant, v. Joan FABIAN, Minnesota Commissioner of Corrections, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 4, 2010.

Attorney(s) appearing for the Case

Bradford Colbert, argued, St. Paul, MN, for appellant.

Kimberly Parker, AAG, argued, St. Paul, MN for appellee.

Before MURPHY, SMITH, and BENTON, Circuit Judges.

MURPHY, Circuit Judge.

Stephanie Dawn Losh filed this petition for a writ of habeas corpus after the Minnesota Supreme Court affirmed the revocation of her probation and the execution of her stayed 120 month sentence for aiding and abetting kidnapping. Shortly after her probation had been revoked, the United States Supreme Court decided in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), that an upward...

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