Legal Opinion

Montes v. Trombley

Court of Appeals for the Sixth Circuit

Decided March 17, 2010No. 08-2521PublishedCited by 16 opinions

1Opinion of the Court

OPINION

RONALD LEE GILMAN, Circuit Judge.

A Michigan jury found Oscar Montes guilty of kidnapping. He was sentenced to a term of 30 to 60 years of imprisonment. After a series of appeals and remands in the Michigan state-court system, Montes’s conviction and sentence were affirmed. Montes then filed a petition for a writ of habeas corpus in federal court, arguing, among other things, that his sentence exceeded the “statutory maximum” and therefore violated the Fifth, Sixth, and Fourteenth Amendments of the U.S. Constitution. The district court denied his petition. For the reasons set forth…

2Cases cited18 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Blakely v. WashingtonSupreme Court of the United States · 2004
  4. Harris v. United StatesSupreme Court of the United States · 2002
  5. Cunningham v. CaliforniaSupreme Court of the United States · 2007

13 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Rice v. WhiteCourt of Appeals for the Sixth Circuit · 2011
  2. Daniel v. PalmerDistrict Court, E.D. Michigan · 2010
  3. Watkins v. CampbellDistrict Court, W.D. Michigan · 2016
  4. Joshua Deatrick v. Jeri-Ann SherryCourt of Appeals for the Sixth Circuit · 2011
  5. Fuller v. LaflerDistrict Court, E.D. Michigan · 2011

11 more not listed; retrieve them via the Exa API.

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