US v. Dago, 04-1184
Denial of a petition for habeas relief from a conviction for drug-related offenses is affirmed where: 1) a jury instruction error was harmless; 2) a delay in denying habeas relief did not constitute denial of due process sufficient for habeas relief; 3) petitioner did not receive ineffective assistance of counsel; and 4) a sentence was not imposed in violation of Blakely.
- Decided 03/30/2006
- Published 03/31/2006
EBEL, Circuit Judge., Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and HENRY, Circuit Judge.
United States Tenth Circuit
Stephen M. Wheeler, Wheeler Law Offices PC, Evergreen, CO, for Defendant-Appellant., John M. Hutchins, Assistant United States Attorney, Denver, CO (William J. Leone, Acting United States Attorney, with him on the brief), for Plaintiff-Appellee.