United States Tenth Circuit

Denial of plaintiff's habeas petition is affirmed over his claim that his Colorado vehicular eluding sentence ran afoul of Apprendi v. New Jersey, 530 U.S. 466 (2000).

Appellate Information

• Decided 10/24/2005
• Published 10/24/2005

Judges

• SEYMOUR, Circuit Judge., Before LUCERO, SEYMOUR and ANDERSON, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Philip A. Cherner, Denver, CO, (Edward J. LaBarre, Colorado Springs, CO, with him on the brief), for Petitioner-Appellant., David S. Kaplan, Colorado State Public Defender, and Andrew C. Heher, Deputy State Public Defender, filed a brief for Amicus Curiae Colorado State Public Defender in support of Petitioner-Appellant.


• For Appellees:
  
• John D. Seidel, Assistant Attorney General (John Suthers, Attorney General, with him on the briefs), Denver, CO, for Respondents-Appellees.