Earl S. Black, Petitioner-appellant, v. Frank O. Gunter, Executive Director, Colorado Department Ofcorrections, Respondent-appellee, 996 F.2d 310 (10th Cir. 1993)
Annotate this CaseBefore SEYMOUR, RONEY,* and MOORE, Circuit Judges.
ORDER AND JUDGMENT**
JOHN P. MOORE, Circuit Judge.
The only issue presented by this appeal is whether its outcome is dictated by Lustgarden v. Gunter, 966 F.2d 552 (10th Cir.), cert. denied, 113 S. Ct. 624 (1992). Although, the two cases are factually and legally identical, petitioner attempts to distinguish them. We are unpersuaded by those attempts and consequently hold we are bound by Lustgarden. United States v. Cooper, 956 F.2d 960, 961 (10th Cir. 1992) (one panel of this court cannot overrule the prior holding of another panel).
AFFIRMED.
The Honorable Paul H. Roney, Senior Circuit Judge for the United States Court of Appeals for the Eleventh Circuit, sitting by designation
This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3
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