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WIMBERLY v. WILLIAMS

No. 20-1128.

14 F.4th 1140 (2021)

Bruce E. WIMBERLY, Petitioner-Appellant, v. Dean WILLIAMS, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED September 29, 2021.

Attorney(s) appearing for the Case

Kathleen Shen , Assistant Federal Public Defender, Districts of Colorado and Wyoming, Denver, Colorado ( Virginia L. Grady , Federal Public Defender, Denver, Colorado, with her on the briefs), on behalf of the Petitioner-Appellant.

Ann Stanton , Assistant Attorney General ( Phillip J. Weiser , Colorado Attorney General, and Ann Luvera , Assistant Attorney General, with her on the brief), Colorado Department of Law, Denver, Colorado, on behalf of the Respondent-Appellee.

Before BACHARACH, EBEL, and McHUGH, Circuit Judges.

In 1984, Mr. Bruce E. Wimberly pleaded guilty to first-degree sexual assault. The Colorado trial court accepted his plea and considered the sentencing options. One option was a conventional sentence: a determinate prison term up to 24 years. But the Colorado Sex Offenders Act of 1968 provided a second option: an indeterminate...

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