Calhoun v. Colo. Attorney Gen., 754 F.3d 1070 (10th Cir. March 18, 2014)
The Tenth Circuit had previously granted the pro se petitioner a certificate of appealability on the question of whether the petitioner’s ongoing registration obligations under Colorado’s Sex Offender Registration Act satisfy the custody requirement of 28 U.S.C. § 2254. The court, as a matter of first impression, held that Colorado’s sex offender registration requirements are collateral consequences of the petitioner’s conviction and not restraints on his liberty. In doing so, the Tenth Circuit joined other circuits that have held sex registration requirements do not satisfy the custody requirement of § 2254.