Joshua Deatrick v. Jeri-Ann Sherry

OPINION

COLE, Circuit Judge.

Petitioner-Appellant Joshua Deatrick appeals the denial of his petition for a writ of habeas corpus. Deatrick argues that his sentence pursuant to the Michigan sentencing scheme is unconstitutional because the state trial court found facts that increased his minimum sentence, in violation of the Apprendi/Blakely/Booker line of eases. Deatrick further argues that this Court must reconsider previous panel decisions upholding the Michigan sentencing scheme in light of the Supreme Court decisions United States v. O’Brien and Cunningham v. California, infra.

We AFFIRM.

I

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