Thompson v. Cowley

Order AND JUDGMENT After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this panel. See Fed. R. App. P. 34(e); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument. This is a pro se appeal by a state prisoner from the denial of a petition for a writ of habeas corpus. Petitioner asserts a ""Liberty Interest"" in being sentenced to a term of years by a jury. He claims this interest was violated when the Oklahoma Court of Criminal Appeals vacated his sentence of 200 years because of prosecutorial misconduct and sentenced him instead to a term of 100 years. The district court dismissed the petition upon the holding of Carbray v. Champion, 905 F.2d 314 (10th Cir. 1990), cert. denied, 111 S. Ct. (1991), in which we said: