United States Sixth Circuit

An order conditionally granting habeas relief to a defendant convicted of rape and related crimes and sentenced to an indeterminate sentence with a minimum term of thirty years and a maximum term of life is reversed as the sentence does not violate Blakely because the judicial fact-finding at issue merely increased his minimum sentence without affecting his maximum term of imprisonment, and thus, defendant's sentence does not violate the Sixth Amendment.

Appellate Information

• Decided 12/16/2009
• Published 12/16/2009

Judges

• Before:  DAUGHTREY, SUTTON and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thelma T. Price, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant.  Kristopher A. Haines, Ohio Public Defender's Office, Columbus, Ohio, for Appellee.   ON BRIEF:  Thelma T. Price, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant.  Kristopher A. Haines, Ohio Public Defender's Office, Columbus, Ohio, for Appellee.