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MACHACEK v. HOFBAUER

No. 98-1815.

213 F.3d 947 (2000)

Christopher MACHACEK, Petitioner-Appellant, v. Gerald HOFBAUER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 26, 2000

Rehearing and Suggestion for Rehearing Denied July 21, 2000

Attorney(s) appearing for the Case

Don Ferris (argued and briefed), Ferris & Salter, Ann Arbor, MI, for Petitioner-Appellant.

Laura Graves Moody (argued and briefed), K. Davison Hunter, Office of the Atty. Gen., Habeas Corpus Div., Lansing, MI, for Respondent-Appellee.

Before: MERRITT, DAUGHTREY, and MAGILL, Circuit Judges.

MAGILL, J., delivered the opinion of the court, in which DAUGHTREY, J., joined. MERRITT, J. (pp. 954-55), delivered a separate dissenting opinion.

Rehearing and Suggestion for Rehearing En Banc Denied July 21, 2000*

OPINION

MAGILL, Circuit Judge.

Christopher Machacek appeals the district court's1 denial of his application for a writ of habeas corpus following his conviction for first...

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