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BINDER v. STEGALL

No. 98-1697.

198 F.3d 177 (1999)

Peter J. BINDER, Petitioner-Appellant, v. Jimmy STEGALL, in his capacity as warden of the Macomb Correctional Facility in New Haven, Michigan, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 1, 1999.

Attorney(s) appearing for the Case

Philip A. Gillis (argued and briefed), Mount Clemens, Michigan, for Appellant.

Brad H. Beaver (argued and briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, Michigan, for Appellee.

Before: MERRITT and NELSON, Circuit Judges; OLIVER, District Judge.

OPINION

MERRITT, Circuit Judge.

Petitioner Peter Binder, a state prisoner, appeals the district court's denial of his petition seeking a writ of habeas corpus. He was convicted after trial in January 1991 of distributing more than 650 grams of cocaine in violation of Michigan law and was sentenced to life imprisonment. The single issue in his habeas petition is the constitutionality under the Due Process Clause of the following standard Michigan jury instruction...

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