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KING v. BERGHUIS

No. 12-1486.

744 F.3d 961 (2014)

Jackie Ray KING, Petitioner-Appellant, v. Mary BERGHUIS, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 20, 2014.

Rehearing Denied March 20, 2014.

Attorney(s) appearing for the Case

ARGUED: David M. Ginn , Hogan Lovells U.S. LLP, Washington, D.C., for Appellant. Gaëtan E. Gerville-Réache , Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellee. ON BRIEF: David M. Ginn , Hogan Lovells U.S. LLP, Washington, D.C., for Appellant. Gaëtan E. Gerville-Réache , Warner, Norcross & Judd LLP, Grand Rapids, Michigan, for Appellee.

GIBBONS, J., delivered the opinion of the court, in which GUY, J., joined. KEITH, J. (pp. 966-73), delivered a separate dissenting opinion.

OPINION

JULIA SMITH GIBBONS, Circuit Judge.

Jackie Ray King pled guilty to armed robbery and bank robbery. He was on parole for a prior offense. As part of the plea agreement, the state of Michigan agreed that consecutive sentencing would not apply. Pursuant to the plea agreement, the state trial court imposed concurrent sentences for the armed robbery and bank robbery convictions. The state court, as required by Michigan law, imposed those sentences consecutive...

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