Charles A. Perkins v. Robert Lecureux

WISEMAN, D.J., delivered the opinion of the court, in which SILER, J., joined.

JONES, J. (pp. 14-16), concurring in the result, delivered a separate concurring opinion..

WISEMAN, District Judge.

Respondent-appellant appeals 'the grant of habeas corpus to petitioner-appellee. The District Court approved a Report and Recommendation of the Magistrate Judge and ordered the State of Michigan to resentence the petitioner within 90 days or release him from custody. For the reasons, which follow, we reverse and remand with instruction to dismiss the petition.

*216Facts

The facts of the ease are bizarre from a…