Booker v. Jabe

Full title: LARRY BOOKER, PETITIONER-APPELLANT, v. JOHN JABE, WARDEN, KINROSS…

Court: United States Court of Appeals, Sixth Circuit

Date published: Sep 26, 1986

801 F.2d 871 (6th Cir. 1986)

Opinion

No. 83-1136.

Argued September 20, 1984.

Decided September 26, 1986.

On remand from the Supreme Court.

Chari Grove argued, Detroit, Mich., for petitioner-appellant.

Frank J. Kelley, Atty. Gen. of Mich., Eric J. Eggan, Edgar L. Church, Jr. argued, Asst. Atty. Gen., Corrections Div., Lansing, Mich., for respondent-appellee.

Before MERRITT and JONES, Circuit Judges; and BELL, District Judge.^_

_ The Honorable Samuel H. Bell, United States District Judge for the Northern District of Ohio, sitting by designation.

PER CURIAM.

This appeal is before us on remand from the Supreme Court "for further consideration in light of Allen v. Hardy, ___ U.S. ___, 106 S.Ct. 2878, 92 L.Ed.2d 199 (1986) and Batson v. Kentucky, 476 U.S. ___, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986)." Michigan v. Booker, ___ U.S. ___, 106 S.Ct. 3289, 92 L.Ed.2d 705 (1986). We have reviewed those decisions and have determined that they do not affect our disposition of Booker v. Jabe, 775 F.2d 762 (6th Cir. 1985).

We therefore reinstate our previous opinion and judgment.