(Download) "Lustgarden v. Gunter" by United States Court of Appeals for the Tenth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Lustgarden v. Gunter
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 01, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
Petitioner appeals from the district courts dismissal of his Petition for Writ of Habeas Corpus. Petitioner is currently serving the sentence for his 1983 conviction of sexual assault on a child. He was sentenced pursuant to Colorado law, and he argues on appeal that he is entitled to mandatory parole. Specifically, he raises five issues: (1) whether interpretation of Colorado sex offender parole statutes by Colorado courts creates ambiguities which can only be resolved by the federal court; (2) whether denial of mandatory parole violates the Ex Post Facto Clause of the Constitution; (3) whether denial of mandatory parole violates Petitioners right to due process, and whether the State is estopped from such denial; (4) whether denial of mandatory parole violates Petitioners right to equal protection; and (5) whether such denial constitutes cruel and unusual punishment. All of the issues raised are questions of law which we review de novo. Northern Natural Gas Co. v. Grounds, 931 F.2d 678, 681 (10th Cir. 1991). The same standard of review applies whether the applicable law is state or federal law. See Salve Regina College v. Russell, 111 S. Ct. 1217, 1221 (1991). We affirm.