Unpublished Dispositionnamous Toussiant, Petitioner-appellant, v. Elton Scott, Respondent-appellee, 852 F.2d 1288 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 852 F.2d 1288 (6th Cir. 1988)

July 28, 1988

Before LIVELY, MERRITT and KRUPANSKY, Circuit Judges.


The petitioner appeals pro se from the district court's judgment denying this petition for a writ of habeas corpus. 28 U.S.C. § 2254. The appeal has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. After an examination of the record and the briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

A Detroit, Michigan judge found the petitioner guilty of second degree murder and sentenced him to fifteen to thirty years imprisonment. The petitioner exhausted his state remedies. The habeas petition raises sufficiency of the evidence and excessive sentencing issues. The district court held that the petitioner's issues were without merit and denied the petition.

Upon consideration, we agree with the conclusions of the district court for the reasons stated in its opinion. Accordingly, the judgment of the district court is affirmed under Rule 9(b) (5), Rules of the Sixth Circuit, because the issues are not substantial and do not require oral argument.