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ARIAS v. HUDSON

No. 08-4513.

589 F.3d 315 (2009)

Manuel ARIAS, Petitioner-Appellee, v. Stuart HUDSON, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 16, 2009.

Attorney(s) appearing for the Case

ARGUED: Thelma T. Price, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Kristopher A. Haines, Ohio Public Defender's Office, Columbus, Ohio, for Appellee. ON BRIEF: Thelma T. Price, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Kristopher A. Haines, Ohio Public Defender's Office, Columbus, Ohio, for Appellee.

Before: DAUGHTREY, SUTTON and McKEAGUE, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

The warden appeals an order conditionally granting habeas corpus to Manuel Arias on the ground that his sentence violates Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Arias's sentence does not violate Blakely, however, because the judicial fact-finding at issue merely increased his minimum sentence. We accordingly...

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