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HAWES v. PACHECO

No. 19-8047.

7 F.4th 1252 (2021)

Gregory M. HAWES, Petitioner-Appellant, v. Michael PACHECO, Warden, Wyoming State Penitentiary; Wyoming Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

FILED August 10, 2021.

Attorney(s) appearing for the Case

John C. Arceci , Assistant Federal Public Defender, Denver, Colorado, ( Virginia L. Grady , Federal Public Defender, Denver, Colorado, with him on the briefs; and Gregory M. Hawes, pro se, Rawlins, Wyoming), for Petitioner-Appellant.

Jenny L. Craig , Deputy Attorney General, Cheyenne, Wyoming, for Respondents-Appellees.

Before MATHESON, BALDOCK, and MORITZ, Circuit Judges.

Wyoming state prisoner Gregory Hawes appeals the dismissal of his habeas corpus petition filed under 28 U.S.C. § 2254 to challenge his kidnapping conviction. This court granted a certificate of appealability ("COA") on the issue of whether application of the Wyoming kidnapping statute to him was constitutional under...

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