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ONIFER v. TYSZKIEWICZ

No. 00-1043.

255 F.3d 313 (2001)

George F. ONIFER, Petitioner-Appellee, v. Zbigniew TYSZKIEWICZ, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 22, 2001.

Attorney(s) appearing for the Case

Melvin Houston (argued and briefed), Detroit, MI, for Petitioner-Appellee.

George F. Onifer, Standish, MI, pro se.

Brad H. Beaver (argued and briefed), Office of the Attorney General, Habeas Corpus Division, Lansing, MI, for Respondent-Appellant.

Before: KEITH, NORRIS, and DAUGHTREY, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

Zbigniew Tyszkiewicz, warden of the Michigan prison where petitioner is presently incarcerated, appeals from the district court's decision to grant habeas relief to petitioner George Onifer. For the reasons that follow we now reverse.

I.

On May 8, 1968, Onifer was convicted of the kidnapping and rape of a fifteen-year old schoolgirl and sentenced to two concurrent terms of 25 to 50 years...

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