PEOPLE OF MI V CALVIN GERALD TRAHAN

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 9, 1999 Plaintiff-Appellee, v No. 203827 Iosco Circuit Court LC No. 97-003403 FC CALVIN GERALD TRAHAN, Defendant-Appellant. Before: Fitzgerald, P.J., and Holbrook, Jr. and O’Connell, JJ. MEMORANDUM. Following a jury trial, defendant was convicted of two counts of first-degree criminal sexual conduct, MCL 750.520b(1)(b)(ii); MSA 28.788(2)(1)(b)(ii), and was sentenced to a prison term of thirty to sixty years. He appeals as of right. We affirm. Defendant asserts that Prior Record Variable 6 was improperly scored, resulting in an inflated guidelines’ range and the imposition of a disproportionate sentence. However, a scoring error neither violates the law nor provides a cognizable claim for relief. People v Mitchell, 454 Mich 145, 177; 560 NW2d (1997). See also People v Raby, 456 Mich 487, 496; 572 NW2d 644 (1998); People v Brownridge, 225 Mich App 291, 308-309; 570 NW2d 672 (1997). Further, the sentence imposed is proportionate to the seriousness of the circumstances surrounding the offense and the offender. People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). Affirmed. /s/ E. Thomas Fitzgerald /s/ Donald E. Holbrook, Jr. /s/ Peter D. O’Connell -1

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