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GOODELL v. WILLIAMS

No. 09-4338.

643 F.3d 490 (2011)

Charles GOODELL, Petitioner-Appellee, v. Jesse WILLIAMS, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 11, 2011.

Attorney(s) appearing for the Case

ARGUED: Elizabeth A. Matune , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Katherine A. Szudy , Ohio Public Defender's Office, Columbus, Ohio, for Appellee. ON BRIEF: Elizabeth A. Matune , Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Katherine A. Szudy , Ohio Public Defender's Office, Columbus, Ohio, for Appellee.

Before: COLE, McKEAGUE, and GRIFFIN, Circuit Judges.

OPINION

McKEAGUE, Circuit Judge.

Warden Jesse Williams appeals from an order of the district court conditionally granting habeas relief to petitioner Charles Goodell. The district court determined that the process by which Goodell was resentenced in the Lucas County (Ohio) Court of Common Pleas, resulting in a sentence longer than the original sentence he had successfully challenged, gave rise to a presumption of vindictiveness. Finding that the presumption...

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