United States Tenth Circuit

Denial of petitioner's habeas petition seeking to overturn his Utah conviction for sexual abuse of a child is affirmed where petitioner brought a constitutional challenge to Utah's statutory sentencing framework whereby a parole board determined the actual time an offender served in prison, but: 1) there is no constitutional right to an individualized sentence; 2) petitioner provided no evidence that he was treated differently from other defendants; and 3) the sentencing framework did not violate the separation of powers principles.

Appellate Information

• Decided 09/28/2009
• Published 09/28/2009

Judges

• TYMKOVICH, Circuit Judge., Before TACHA, TYMKOVICH, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Wade J. Skalsky, Submitted on the briefs, Liberty Bell Law Group, Burbank, CA, for Petitioner-Appellant.


• For Appellees:
  
• Brent A. Burnett, Utah Attorney General's Office, Salt Lake City, UT, for Respondents-Appellees.