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BUNTON v. ATHERTON

No. 09-1152.

613 F.3d 973 (2010)

Michael BUNTON, Petitioner-Appellant, v. Eugene ATHERTON; Attorney General of the State of Colorado, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

May 25, 2010.

Attorney(s) appearing for the Case

Howard Pincus, Assistant Federal Public Defender (Raymond P. Moore, Federal Public Defender, with him on the briefs), Denver, CO, for Petitioner-Appellant.

Katherine A. Hansen, Senior Assistant Attorney General (John W. Suthers, Attorney General, with her on the brief), Criminal Justice Section, Appellate Division, Denver, CO, for Respondents-Appellees.

Before BRISCOE, Chief Judge, HAWKINS, and O'BRIEN, Circuit Judges.

BRISCOE, Chief Judge.

Petitioner Michael Bunton, a Colorado state prisoner convicted of first degree murder and sentenced to life in prison, appeals the district court's denial of his 28 U.S.C. § 2254 petition for federal habeas relief. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we affirm.

I

Factual background

At approximately 11:15 p.m. on April 7, 1986, in a crime-ridden neighborhood of Denver known as "Five...

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