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CVIJETINOVIC v. EBERLIN

No. 08-3629.

617 F.3d 833 (2010)

Alexsandar CVIJETINOVIC, Petitioner-Appellee, v. Michelle EBERLIN, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 23, 2010.

Attorney(s) appearing for the Case

ARGUED: Jerri L. Fosnaught , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Aaron Aldridge , Lebanon, Ohio, for Appellee. ON BRIEF: Jerri L. Fosnaught , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Kevin M. Schad , Federal Public Defender's Office, Cincinnati, Ohio, for Appellee.

BOGGS, J., delivered the opinion of the court, in which GRIFFIN, J., joined. KEITH, J. (pp. 840-43), delivered a separate dissenting opinion.

OPINION

BOGGS, Circuit Judge.

Warden Michelle Eberlin appeals the district court's order conditionally granting Ohio prisoner Alexsandar Cvijetinovic's petition for a writ of habeas corpus. In the petition, Cvijetinovic claimed that his presumptive sentence was enhanced on the basis of judge-found facts, a practice forbidden by the Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531...

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