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THOMPSON v. WARDEN, BELMONT CORRECTIONAL INSTITUT.

Nos. 08-3743, 08-3744.

598 F.3d 281 (2010)

Mark THOMPSON, Jr., Petitioner-Appellee/Cross-Appellant, v. WARDEN, BELMONT CORRECTIONAL INSTITUTION, Respondent-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 18, 2010.

Attorney(s) appearing for the Case

ARGUED: Thelma Thomas Price, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Stephen P. Hardwick, Office of the Ohio Public Defender, Columbus, Ohio, for Appellee. ON BRIEF: Thelma Thomas Price, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Stephen P. Hardwick, Office of the Ohio Public Defender, Columbus, Ohio, for Appellee.

Before BOGGS and GILMAN, Circuit Judges; McCALLA, Chief District Judge.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Mark Thompson, Jr. filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, contesting the constitutionality of his state convictions and sentences for theft of a motor vehicle, possession of crack cocaine, carrying a concealed weapon, and receiving stolen property. Among Thompson's arguments was a challenge to the state trial court's finding facts used to increase his sentence without submitting...

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