Prendergast v. Clements, et al, No. 12-1166 (10th Cir. 2012)
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Pro se prisoner Defendant Brian Prendergast petitioned the Tenth Circuit for a certificate of appealability (COA) to appeal the district court's denial of his application for a writ of habeas corpus. Defendant was convicted by a Colorado jury on twelve counts of securities fraud and one count of theft over $15,000. He appealed his conviction and was sentenced to concurrent terms of ten years of probation on each count. After his conviction, Defendant violated the terms of his probation on a number of occasions and was accordingly resentenced. In 2009, the State revoked his probation and Defendant was ultimately resentenced to concurrent six-year terms in prison. On petition to the Tenth Circuit, Defendant raised five claims: two attached the constitutionality of his 2009 resentencing; the remaining three attached the basis of his original conviction. The district court dismissed the two claims relating to the 2009 resentencing, and dismissed the remaining three as untimely. Upon review, the Tenth Circuit Court of appeals found no reason to disturb the district court's rulings and affirmed.
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