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MACIAS v. MAKOWSKI

No. 00-2006.

291 F.3d 447 (2002)

Alfonso MACIAS, Jr., Petitioner-Appellant, v. John MAKOWSKI, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 24, 2002.

Attorney(s) appearing for the Case

Valerie R. Newman (briefed), Debra A. Gutierrez (argued), State Appellate Defender Office, Detroit, MI, for Petitioner-Appellant.

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

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

OPINION

GILMAN, Circuit Judge.

Alfonso Macias, Jr. was convicted in state court of assault with intent to commit murder and for possession of a firearm. He was sentenced to between 10 and 20 years in prison for the assault and 2 additional years for unlawfully possessing the firearm. After his conviction and sentence were affirmed on direct appeal, Macias filed a petition for a writ of habeas corpus in the United States District Court for the Eastern District...

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