United States Sixth Circuit

In habeas proceedings arising following the imposition of a 40-year maximum sentence and a 225-month minimum for first-degree criminal sexual conduct involving a person under the age of thirteen and various other offenses, denial of the petition is affirmed where: 1) there was no jury-trial right violation because judge-found facts did not increase defendant's sentence beyond the statutory maximum for Apprendi purposes; and 2) the district court properly rejected defendant's claim that the trial court violated his Fifth and Sixth Amendment rights by sentencing him more harshly for insisting on going to trial and for not explicitly admitting his guilt.

Appellate Information

• Decided 11/10/2009
• Published 11/10/2009

Judges

• Before: BATCHELDER, Chief Judge;  BOGGS and COOK, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Rosemary Gordon Pánuco, Law Office, Tucson, Arizona, for Appellant.  Janet A. Van Cleve, Michigan Attorney General's Office, Lansing, Michigan, for Appellee.   ON BRIEF:  Rosemary Gordon Pánuco, Law Office, Tucson, Arizona, for Appellant.  Raina Korbakis, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.