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United States Tenth Circuit


US v. BARAJAS-DIAZ, 01-2298

A habeas petitioner did not attack the requirement of jury unanimity, on a continuing criminal enterprise (CCE) finding, on direct appeal, failed to show cause and prejudice sufficient to excuse his procedural default, and was not actually innocent of a CCE conviction.

Appellate Information

  • Decided 12/03/2002
  • Published 12/03/2002

Judges

  • KANE, Senior District Judge., Before O'BRIEN and PORFILIO, Circuit Judges, and KANE, Senior District Judge.

Court

  • United States Tenth Circuit

Counsel

  • For Appellant:
  • Submitted on the briefs:

  • For Appellees:
  • Kari Converse, Albuquerque, NM, for Defendant-Appellant., David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.
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