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BURTON v. FABIAN

No. 09-2137.

612 F.3d 1003 (2010)

Antonio Darrail BURTON, Petitioner-Appellant, v. Joan FABIAN, Commissioner of Corrections, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2010.

Attorney(s) appearing for the Case

Douglas Micko, argued, Minneapolis, MN, for appellant.

Thomas A. Weist, argued, Minneapolis, MN, for appellee.

Before RILEY, Chief Judge, BRIGHT, and WOLLMAN, Circuit Judges.

BRIGHT, Circuit Judge.

Antonio Darrail Burton appeals from a district court determination denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Burton argues his sentence was imposed in violation of Cunningham v. California, 549 U.S. 270, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007). The district court2 issued a certificate of appealability on the issue of whether Cunningham...

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