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
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