United States v. Steve A. Burch
Court of Appeals for the Tenth Circuit
1Opinion of the Court
MURPHY, Circuit Judge.
Defendant-appellant Steve A. Burch appeals the district court’s denial of his application for a writ of habeas corpus, which was construed as a motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. Because defendant has shown an unresolved factual question regarding the United States’ jurisdiction over this case, and the government’s evidence is insufficient to permit us to take judicial notice of where the offense was committed, we vacate the judgment and remand the case for further proceedings. 1
Defendant is an enrolled member of the…
2Cases cited25 opinions
- Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
- Washington v. Confederated Bands & Tribes of the Yakima Indian NationSupreme Court of the United States · 1979
- Negonsott v. SamuelsSupreme Court of the United States · 1993
- United States v. McBratneySupreme Court of the United States · 1882
- Arizona v. San Carlos Apache Tribe of Ariz.Supreme Court of the United States · 1983
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- Lozano v. AshcroftCourt of Appeals for the Tenth Circuit · 2001
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