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DICENZI v. ROSE

No. 04-3571.

452 F.3d 465 (2006)

Alfred L. DICENZI, Petitioner-Appellant, v. Norman ROSE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 16, 2006.

Attorney(s) appearing for the Case

ON BRIEF: Carlos Warner, Office of the Federal Public Defender, Cleveland, Ohio, John T. Martin, Cuyahoga County Public Defender, Cleveland, Ohio, for Appellant. Stuart A. Cole, Office of the Attorney General, Corrections Litigation Section, Columbus, Ohio, for Appellee.

Before: MOORE and COLE, Circuit Judges; WISEMAN, District Judge.

AMENDED OPINION

R. GUY COLE, JR., Circuit Judge.

Petitioner-Appellant Alfred DiCenzi appeals the district court's dismissal of his habeas petition on the ground that the petition was not timely filed. Following a guilty plea to vehicular homicide, DiCenzi was given the maximum sentence under Ohio law, but claims he was never informed by either the trial court or his attorney that Ohio affords those sentenced to a maximum sentence a non-waivable right to...

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