Saxon v. Lempke

SUMMARY ORDER

Petitioner-appellant Kevin Saxon appeals from the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Saxon contends that his due process rights were violated at sentencing because the judge was influenced by the prosecutor’s inaccurate assertions that this was Saxon’s third murder conviction, when it was his first. We assume the parties’ familiarity with the underlying facts, procedural history of the case, and issues on appeal.1

We review de novo the denial of a petition for a writ of habeas corpus. Grayton v. Ercole, 691 F.3d 165,…