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JACKSON v. MILLER

No. 98-3736.

260 F.3d 769 (2001)

Marshall JACKSON, Petitioner-Appellant, v. Charles B. MILLER, Superintendent, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 2001.

Rehearing and Rehearing Denied September 14, 2001.

Attorney(s) appearing for the Case

Marshall Jackson, Pendleton Correctional Facility, Pendleton, IN, for petitioner-appellant.

James B. Martin (argued), Office of the Attorney General, Indianapolis, IN, for respondent-appellee.

John R. Maley, Barnes & Thornburg, Indianapolis, IN, Jody H. Odell (argued), Barnes & Thornburg, South Bend, IN, for amicus curiae.

Before FLAUM, Chief Judge, and BAUER and KANNE, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 14, 2001.*

KANNE, Circuit Judge.

On June 4, 1980, a jury found Marshall Jackson guilty of robbery, attempted murder, and of being a habitual offender under Indiana's recidivist statute. See IND.CODE § 35-50-2-8 (1998). At sentencing, the judge enhanced Jackson's forty-year sentence by thirty years because of Jackson's status as a habitual offender. Jackson contends that...

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