Legal Opinion

Steven Fults v. Eric Qualls

Court of Appeals for the Sixth Circuit

Decided January 22, 2016No. 14-5510UnpublishedCited by 1 opinion

1Opinion of the Court

ROGERS, Circuit Judge.

Steven Fults appeals the district court’s judgment denying habeas relief in this case concerning a possible Blakely v. Washington error at Fults’ sentencing for five rape convictions. The sentencing court applied four statutory enhancements to increase Fults’ sentence for each rape from eight to nine years’ incarceration. This resulted in an aggregate sentence of forty-five years. Fults argues that his sentence should be reduced to forty years, the presumptive sentence for five rape convictions. Fults is not entitled to a writ of habeas corpus under 28 U.S.C. § 2254, as…

2Cases cited17 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  4. Cunningham v. CaliforniaSupreme Court of the United States · 2007
  5. Lambrix v. SingletarySupreme Court of the United States · 1997

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3Cited by1 opinion

  1. Phillip Brown v. Cindi CurtinCourt of Appeals for the Sixth Circuit · 2016

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