Straley v. Utah Bd. of Pardons, No. 08-4170 - U.S. Tenth Circuit
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Straley v. Utah Bd. of Pardons, No. 08-4170

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.

Read Straley v. Utah Bd. of Pardons, No. 08-4170

Appellate Information

Filed September 28, 2009

Judges

Opinion by Judge Tymkovich

Counsel

For Appellant:

Wade J. Skalsky, Liberty Bell Law Group, Burbank, CA

For Appellees:

Brent A. Burnett, Utah Attorney General's Office, Salt Lake City, UT