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GAUNTLETT v. KELLEY

No. 87-1488.

849 F.2d 213 (1988)

Roger A. GAUNTLETT, Petitioner-Appellant, v. Frank J. KELLEY, Attorney General of the State of Michigan, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 8, 1988.

Rehearing Denied August 12, 1988.

Attorney(s) appearing for the Case

Mary E. Delehanty, William L. Fette, Gemrich, Moser, Dombrowski, Bowser & Fette, Kalamazoo, Mich., David A. Dodge, Catchick & Dodge, Grand Rapids, Mich., Andrew L. Frey (argued), Washington, D.C., for petitioner-appellant.

Michael H. Dzialowski (argued), Asst. Pros. Atty., Kalamazoo, Mich., Thomas A. Kulick, Asst. Atty. Gen., Corrections Div., Lansing, Mich., for respondent-appellee.

Before LIVELY, JONES and BOGGS, Circuit Judges.

LIVELY, Circuit Judge.

This is a habeas corpus action in which the petitioner Roger Gauntlett claims that state courts violated due process and denied his right to be free of double jeopardy by imposing a harsher sentence after vacating a more lenient one. The district court denied relief, and we affirm.

I.

The district court recounted the state court proceedings in detail, Gauntlett v. Kelley, 658 F.Supp. 1483

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