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PACHECO v. EL HABTI

No. 20-7002.

48 F.4th 1179 (2022)

Delila PACHECO, Petitioner-Appellant, v. Aboutanaa EL HABTI, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

FILED September 15, 2022.

Attorney(s) appearing for the Case

Kathleen Shen , Assistant Federal Public Defender ( Shira Kieval , Assistant Federal Public Defender, and Virginia L. Grady , Federal Public Defender, with her on the briefs), Denver, Colorado, for Petitioner-Appellant.

Caroline Hunt , Assistant Attorney General ( Ashley L. Willis , Assistant Attorney General, and John M. O'Connor , Attorney General of Oklahoma, with her on the brief), Oklahoma City, Oklahoma, for Respondent-Appellee.

Before HARTZ, SEYMOUR, and MORITZ, Circuit Judges.

Delila Pacheco was convicted in Oklahoma of first-degree child-abuse murder. She sought relief in the United States District Court for the Eastern District of Oklahoma, filing an application under 28 U.S.C. § 2254. While her application was pending, we decided Murphy v. Royal, 875 F.3d 896

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