United States Tenth Circuit

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.

Appellate Information

• Decided 03/30/2006
• Published 03/31/2006

Judges

• EBEL, Circuit Judge., Before EBEL, Circuit Judge, BRORBY, Senior Circuit Judge, and HENRY, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• 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.