In habeas proceedings arising following the imposition of a 40-year maximum sentence and a 225-month minimum for first-degree criminal sexual conduct involving a person under the age of thirteen and various other offenses, denial of the petition is affirmed where: 1) there was no jury-trial right violation because judge-found facts did not increase defendant's sentence beyond the statutory maximum for Apprendi purposes; and 2) the district court properly rejected defendant's claim that the trial court violated his Fifth and Sixth Amendment rights by sentencing him more harshly for insisting on going to trial and for not explicitly admitting his guilt.
Argued: June 11, 2009
Decided and Filed: November 10, 2009
Opinion by Circuit Judge Cook
For Appellant: Rosemary Gordon Panuco, Law Office, Tucson, Arizona
For Appellee: Janet A. Van Cleve, Michigan Attorney General's Office, Lansing, Michigan