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SCHAUER v. McKEE

Civil No. 06-CV-13434.

662 F.Supp.2d 864 (2009)

David SCHAUER, Petitioner, v. Kenneth McKEE, Respondent.

United States District Court, E.D. Michigan, Southern Division.

September 30, 2009.

Attorney(s) appearing for the Case

Kenneth M. Mogill, Mogill, Posner, Lake Orion, MI, for Petitioner.

Raina I. Korbakis, Michigan Department of Attorney General, Lansing, MI, for Respondent.

OPINION & ORDER CONDITIONALLY GRANTING THE PETITION FOR WRIT OF HABEAS CORPUS

ARTHUR J. TARNOW, District Judge.

David Schauer, ("Petitioner"), presently confined at Bellamy Creek Correctional Facility in Ionia, Michigan, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, in which he challenges his conviction for first-degree criminal sexual conduct, M.C.L.A. § 750.520b(1)(b). He was sentenced to fifteen to thirty...

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