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HEARD v. ADDISON

No. 12-5060.

728 F.3d 1170 (2013)

David Glen HEARD, Petitioner-Appellant, v. Mike ADDISON, Warden, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

September 4, 2013.

Attorney(s) appearing for the Case

O. Dean Sanderford , Assistant Federal Public Defender ( Raymond P. Moore , Federal Public Defender, (at the time of briefing) with him on the brief), Denver, CO, for Petitioner-Appellant.

Keeley L. Miller , Assistant Attorney General ( E. Scott Pruitt , Attorney General of Oklahoma, with him on the briefs), Oklahoma City, OK, for Respondent-Appellee.

Before LUCERO, EBEL, and HOLMES, Circuit Judges.

EBEL, Circuit Judge.

David Glen Heard pled guilty to two counts of "knowingly and intentionally ... [l]ook[ing] upon ... the body or private parts of [a] child under sixteen ... in [a] lewd and lascivious manner," in violation of Oklahoma's lewd molestation statute, Okla. Stat. tit. 21, § 1123(A)(2). In pleading guilty, Heard admitted that he positioned himself in a Tulsa Wal-Mart store so as to be able to "look under [their] clothes at [their] bod[ies] and at...

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