MELISSA v. HOWARD, No. 5:2020cv11861 - Document 7 (E.D. Mich. 2020)
Court Description: OPINION and ORDER Dismissing 1 Petition for Writ of Habeas Corpus; Denying Certificate of Appealability; and Denying Leave to Appeal in forma pauperis. Signed by District Judge Judith E. Levy. (WBar)
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Dockets.Justia.com UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OPINION AND ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS [1], DENYING CERTIFICATE OF APPEALABILITY, AND DENYING LEAVE TO APPEAL IN FORMA PAUPERIS pro se Id. MELISSA v. HOWARD Doc. 7 Id. in forma pauperis I. Background Id. Id. Id. Id. Id. Id. 2 Id. Id. Id. Id. People v. Bardoni People v. Bardoni Id. II. Legal Standard 3 see also McFarland v. Scott see also Allen v. Perini sua sponte Carson v. Burke III. Analysis A. Petitioner’s Sentence Amendment Does 4 Not Violate the Sixth Apprendi v. New Jersey Alleyne v. United States People v. Lockridge Alleyne United States v. Booker Lockridge Lockridge See Booker 5 B. Petitioner’s Sentence is Not Unreasonable Ewing v. California Harmelin v. Michigan United States v. Gatewood Harmelin Cowherd v. Million 6 United States v. Marks Williams v. New York C. This Court Lacks Jurisdiction to Review the Court Costs Imposed on Petitioner at Sentencing 7 Washington v. McQuiggin Dickerson v. United States Washington United States v. Watroba See id. IV. Certificate of Appealability and Leave to Proceed In Forma Pauperis On Appeal See See Slack v. McDaniel 8 See Coppedge v. United States in forma pauperis V. Conclusion in forma pauperis CERTIFICATE OF SERVICE 9
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