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KACZMAREK v. REDNOUR

No. 09-2417.

627 F.3d 586 (2010)

Henry KACZMAREK, Petitioner-Appellant, v. Dave REDNOUR, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 17, 2010.

Attorney(s) appearing for the Case

Carl P. Clavelli (argued), Attorney, Chicago, IL, for Petitioner-Appellant.

Leah Myers Bendik (argued), Assistant Attorney General, Office of the Attorney General, Chicago, IL, for Respondent-Appellee.

Before FLAUM, ROVNER, and SYKES, Circuit Judges.

FLAUM, Circuit Judge.

Henry Kaczmarek was convicted of murder in Illinois state court in 1996. At that time, the maximum sentence for murder in Illinois was forty years, with the possibility of a sentence enhancement up to natural life if the crime was determined to be "accompanied by exceptionally brutal and heinous behavior indicative of wanton cruelty." 730 ILCS § 5/5-8-1(a)(1)(b). Kaczmarek was sentenced to life in prison based on the trial court's finding...

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