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JOHNSON v. LUOMA

No. 04-1518.

425 F.3d 318 (2005)

Benny JOHNSON, Jr., Petitioner-Appellant, v. Tim LUOMA, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 12, 2005.

Attorney(s) appearing for the Case

ARGUED: Christopher J. Pagan, Repper, Powers & Pagan, Middletown, Ohio, for Appellant. ON BRIEF: Christopher J. Pagan, Repper, Powers & Pagan, Middletown, Ohio, for Appellant. William C. Campbell, Office of the Attorney General, Habeas Corpus Division, Lansing, Michigan, for Appellee.

Before: GUY, BATCHELDER, and GILMAN, Circuit Judges.

OPINION

GILMAN, Circuit Judge.

In April of 1998, Benny Johnson Jr. was tried in a Michigan state court for first-degree sexual assault, felonious assault, domestic violence, and two counts of kidnapping. The jury convicted him on the domestic violence and kidnapping counts, but acquitted him of the sexual-assault and felonious-assault charges. He was sentenced to concurrent prison terms of 10 to 30 years for each of the kidnapping convictions and 93 days...

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