United States Sixth Circuit

District court's denial of defendant's petition for habeas relief, claiming that his sentence of 30 t0 60 years for kidnapping exceeded the statutory maximum in violation of the Fifth, Sixth, and Fourteenth Amendments, is affirmed as Michigan's kidnapping statute provides a statutory range of permissible punishments for defendant which defines the statutory maximum as life imprisonment. Furthermore, because the process of judicial factfinding under the Michigan sentencing guidelines relates only to minimum sentence applicable to the defendant as part of an indeterminate sentencing scheme, it does not violate his due process or his rights to a jury trial.

Appellate Information

• Decided 03/17/2010
• Published 03/17/2010

Judges

Court

• United States Sixth Circuit

Counsel