United States Sixth Circuit

Brown v. Konteh, 06-4037

Read Brown v. Konteh, 06-4037
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The denial of Petitioner's habeas petition as to his aggravated robbery conviction is affirmed, where Defendant committed a "theft offense" and clearly inflicted "serious physical harm on" the victim under Ohio law; but as to his conviction for brandishing a firearm, the denial is reversed, where no evidence indicated that Defendant used a gun in the crimes at issue.

Appellate Information

Decided 06/02/2009
Published 06/02/2009

Judges

Before: DAUGHTREY, GILMAN, and ROGERS, Circuit Judges.

Court

United States Sixth Circuit

Counsel

For Appellees:
ARGUED: Andrew P. Avellano, Columbus, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Andrew P. Avellano, Columbus, Ohio, for Appellant. M. Scott Criss, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.