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STEWART v. ERWIN

No. 05-4635.

503 F.3d 488 (2007)

Dale STEWART, Petitioner-Appellant, v. James L. ERWIN, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 9, 2007.

Attorney(s) appearing for the Case

ARGUED: Christopher J. Pagan, Repper, Powers & Pagan, Middletown, Ohio, for Appellant. Mark Joseph Zemba, Office of the Attorney General, Cleveland, Ohio, for Appellee. ON BRIEF: Christopher J. Pagan, Repper, Powers & Pagan, Middletown, Ohio, for Appellant. Mark Joseph Zemba, Office of the Attorney General, Cleveland, Ohio, for Appellee.

Before: BATCHELDER and DAUGHTREY, Circuit Judges; ROSEN, District Judge.

OPINION

ROSEN, District Judge.

I. INTRODUCTION

Petitioner/Appellant Dale Stewart appeals from an order of the United States District Court for the Southern District of Ohio denying his petition for a writ of habeas corpus. In September of 2000, Stewart pled guilty in an Ohio state court to two counts of sexual battery, and he was sentenced in October of 2000 to consecutive four-year terms...

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