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TUCKER v. PRELESNIK

No. 98-1343.

181 F.3d 747 (1999)

David TUCKER, Petitioner-Appellee, v. John PRELESNIK, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 10, 1999.

Attorney(s) appearing for the Case

David A. Moran (argued and briefed), State Appellate Defender Office, Detroit, MI, for Petitioner-Appellee.

Janet A. Van Cleve (argued and briefed), Office of Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellant.

Before: SILER and GILMAN, Circuit Judges; BECKWITH, District Judge.

BECKWITH, D. J., delivered the opinion of the court, in which GILMAN, J., joined. SILER, J. (pp. 757-58), delivered a separate dissenting opinion.

OPINION

SANDRA S. BECKWITH, District Judge.

In 1992, Petitioner-Appellee David Tucker was convicted of assault with intent to do great bodily harm after a state court bench trial lasting less than one hour. The trial judge sentenced him outside the zero to 24-month range prescribed by the applicable sentencing...

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