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ROSS v. BERGHUIS

No. 03-2523.

417 F.3d 552 (2005)

Thomas ROSS, Petitioner-Appellant, v. Mary BERGHUIS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 2, 2005.

Attorney(s) appearing for the Case

ARGUED: Tracy K. Stratford, Jones Day, Cleveland, Ohio, for Appellant. Raina I. Korbakis, Office of the Attorney General, Lansing, Michigan, for Appellee. ON BRIEF: Tracy K. Stratford, Jones Day, Cleveland, Ohio, for Appellant. Laura Graves Moody, Office of the Attorney General, Lansing, Michigan, for Appellee.

Before: BOGGS, Chief Judge; ROGERS, Circuit Judge; SHADUR, District Judge.

OPINION

ROGERS, Circuit Judge.

Thomas Ross was convicted in Michigan of first-degree felony murder, based on the jury's finding that Ross committed assault with intent to rob while unarmed ("AWIRU"). Ross was sentenced to life in prison without the possibility of parole. Ross petitioned for habeas corpus, arguing that AWIR-U does not form a predicate offense for felony murder, and that Ross was therefore denied...

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