PERKINS v. LeCUREUX

No. 94-1594.

58 F.3d 214 (1995)

Charles A. PERKINS, Petitioner-Appellee, v. Robert LeCUREUX, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1995.


Attorney(s) appearing for the Case

David C. Sarnacki (argued), James S. Brady, Theodore R. McNitt, Jr. (briefed), Miller, Johnson, Snell & Cumminskey, Grand Rapids, MI, for petitioner-appellee.

Kathleen Davison Hunter, Asst. Atty. Gen. (argued and briefed), Office of the Atty. Gen. Habeas Div., Lansing, MI, for respondent-appellant.

Before: JONES and SILER, Circuit Judges; WISEMAN, District Judge.


WISEMAN, D.J., delivered the opinion of the court, in which SILER, J., joined.

JONES, J. (pp. 14-16), concurring in the result, delivered a separate concurring opinion.

WISEMAN, District Judge.

Respondent-appellant appeals the grant of habeas corpus to petitioner-appellee. The District Court approved a Report and Recommendation of the Magistrate Judge and ordered the State of Michigan to resentence the petitioner within 90 days or release him from...

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