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CAVER v. STRAUB

No. 01-2649.

349 F.3d 340 (2003)

Robert Lee CAVER, Petitioner-Appellee, v. Dennis M. STRAUB, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: November 19, 2003.

Petition for Rehearing Denied: February 5, 2004.

Attorney(s) appearing for the Case

ARGUED: Debra M. Gagliardi, OFFICE OF THE ATTORNEY GENERAL, Lansing, Michigan, for Appellant.

Elizabeth L. Jacobs, Detroit, Michigan, for Appellee.

ON BRIEF: Debra M. Gagliardi, OFFICE OF THE ATTORNEY GENERAL, Lansing, Michigan, for Appellant.

Elizabeth L. Jacobs, Detroit, Michigan, for Appellee.

Before: MOORE and ROGERS, Circuit Judges; HOOD, District Judge.

Petition for Rehearing Denied En Banc: February 5, 2004.

Pursuant to Sixth Circuit Rule 206

HOOD, D.J., delivered the opinion of the court, in which MOORE, J., joined. ROGERS, J. (pp. 353-54), delivered a separate concurring opinion.

OPINION

HOOD, District Judge.

Robert Lee Caver was convicted for violating Michigan Compiled Laws § 750.89, assault with intent to rob being armed. After...

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