United States Third Circuit

District court's denial of defendant's request for habeas relief, filed more than ten years after his conviction for kidnapping and related crimes became final, is affirmed as, the Supreme Court's decision in Cunningham v. California 549 U.S. 270 (2007) does not apply retroactively to convictions, such as defendants, that became final before it was decided.

Appellate Information

• Argued 03/09/2010
• Decided 04/14/2010
• Published 04/14/2010

Judges

• Before AMBRO, SMITH, and MICHEL, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Diana Lynn Stavroulakis, Esq. (Argued), Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Susan E. Moyer, Esq. (Argued), Assistant District Attorney, Office of the District Attorney, Lancaster, PA, for Appellees.