People of Michigan v. Justin Duane Howard

Defendant, Justin Duane Howard, appeals as of right the circuit court's order stemming from a Crosby 1 remand, which was ordered because defendant's within-the-guidelines sentence was imposed before the Michigan Supreme Court's ruling in People v. Lockridge , 498 Mich. 358 , 870 N.W.2d 502 (2015). 2 Because the sentencing judge was no longer available at the time of the remand, a newly assigned judge reviewed defendant's case and ruled that he would not have imposed a materially different sentence. Therefore, he declined to resentence defendant. Defendant contends that the trial court failed…