United States Seventh Circuit

In a first-degree murder case, denial of habeas relief with regard to sentencing is affirmed where: 1) the sentencing judge's error in considering portions of the presentence report that he had previously agreed to strike was harmless; and 2) there was no Fifth Amendment violation in the consideration of defendant's refusal to testify at sentencing.

Appellate Information

• Decided 10/15/2008
• Published 10/15/2008

Judges

• EVANS, Circuit Judge., Before EASTERBROOK, Chief Judge, and POSNER and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Earl P. Gray (argued), Gray & Malacko, St. Paul, MN, for Petitioner-Appellant.


• For Appellees:
  
• Marguerite M. Moeller (argued), Office of the Attorney General, Madison, WI, for Respondent-Appellee.