United States Tenth Circuit

In a prosecution for felony wanton destruction of wildlife, Petitioner's habeas petition is remanded with instructions to dismiss, where the premature filing of Petitioner's 18 U.S.C. section 2254 petition deprived the District Court of jurisdiction, and thus precluded the Court of Appeals' review.

Appellate Information

• Decided 07/01/2009
• Published 07/01/2009

Judges

• HENRY, Chief Judge., Before HENRY, Chief Judge, McWILLIAMS and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Michael L. Humiston, Heber City, UT, for Petitioner-Appellant.


• For Appellees:
  
• Erin Riley, Assistant Attorney General (Mark L. Shurtleff, Utah Attorney General, with her on the brief), Salt Lake City, UT, for Respondents-Appellees.