AUSTIN v. JACKSON

No. 99-1394.

213 F.3d 298 (2000)

John AUSTIN, Petitioner-Appellant, v. Andrew JACKSON, Warden; Huron Valley Men's Facility, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 18, 2000.


Attorney(s) appearing for the Case

Craig A. Daly (briefed), Detroit, Michigan, for Petitioner-Appellant.

Janice M. Joyce Bartee (briefed), Office of Prosecuting Attorney, County of Wayne, Detroit, Michigan, for Respondents-Appellees.

Before: NORRIS and GILMAN, Circuit Judges; HOOD, District Judge.


OPINION

HOOD, District Judge.

Michigan prisoner John Austin appeals the denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. In 1989 Petitioner was convicted of second degree murder in the stabbing death of Eric Glover. On appeal he contends that the trial court violated his due process rights, the Eighth Amendment, and the separation of powers doctrine by imposing a sentence far in excess of the recommended state sentencing...

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