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LOVINS v. PARKER

No. 11-5545.

712 F.3d 283 (2013)

Derry LOVINS, Petitioner-Appellant, v. Tony PARKER, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 28, 2013.

Attorney(s) appearing for the Case

ARGUED: Ryan T. Holt , Sherrard & Roe, PLC, Nashville, Tennessee, for Appellant. Brent C. Cherry , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee. ON BRIEF: Ryan T. Holt , Sherrard & Roe, PLC, Nashville, Tennessee, for Appellant. Brent C. Cherry , Office of the Tennessee Attorney General, Nashville, Tennessee, for Appellee.

Before: CLAY and STRANCH, Circuit Judges; BELL, District Judge.

OPINION

JANE B. STRANCH, Circuit Judge.

After a Tennessee state court jury convicted petitioner Derry Lovins of second-degree murder, the state trial court judge made additional factual findings and enhanced Lovins's sentence from twenty to twenty-three years based on those findings. In this petition for a writ of habeas corpus under 28 U.S.C. § 2254, Lovins raises various claims of trial error and argues that the three-year sentence enhancement was...

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