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.