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McKENZIE v. SMITH

No. 01-1824.

326 F.3d 721 (2003)

Gerald McKENZIE, Petitioner-Appellant, v. David SMITH, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 23, 2003.

Rehearing and Suggestion for Rehearing Denied: June 19, 2003.

Attorney(s) appearing for the Case

Andrew N. Wise (briefed), Nancy L. McGunn (argued and briefed), Federal Public Defenders Office, Detroit, MI, for Petitioner-Appellant.

William C. Campbell (briefed), Office of Attorney General, Habeas Corpus Division, Lansing, MI, Raina I. Korbakis (argued), State of Michigan, Department of Attorney General, Lansing, MI, for Respondent-Appellee.

Before: SILER, DAUGHTREY, and GILMAN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied: June 19, 2003.

OPINION

DAUGHTREY, Circuit Judge.

The petitioner, Gerald McKenzie, is a Michigan state prisoner who was convicted of assault with intent to murder and, as a result of that conviction, is serving a sentence of life imprisonment. He appeals the district court's judgment denying his petition for a writ of habeas corpus, filed under 28 U.S.C. § 2254. For the reasons set out below...

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