John Austin v. Andrew Jackson, Warden Huron Valley Men's Facility

OPINION

HOOD, District Judge.'

Michigan prisoner John Austin appeals the denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. In 1989 Petitioner was convicted of second degree murder in the stabbing death of Eric Glover. On appeal he contends that the trial court violated his due process rights, the Eighth Amendment, and the separation of powers doctrine by imposing a sentence far in excess of the recommended state sentencing guidelines.

I. BACKGROUND

The testimony presented at trial revealed that Petitioner and victim Eric Glover were involved in an outdoor…