ROGERS

v.

MICHIGAN

Citator

Cited By

• United States v. Bermingham, 855 F.2d 925 (2d Cir. 1988)
  …s in original). The problem of sentences imposed without knowledge of the correct sentence range has also been confronted by the Fifth and Tenth Circuits on far less dramatic facts. In Hill v. Estelle, 653 F. 2d 202 (5th Cir. Unit A), cert. denied, 454 U.S. 1036, 102 S.Ct. 577, 70 L.Ed.2d 481 (1981), a defendant was sentenced under a newly enacted state law establishing a mandatory minimum sentence of five years. Prior law, which remained applicable to Hill, had set the mandatory minimum sentence at two yea…
• Rogers v. Maggio, 714 F.2d 35 (5th Cir. 1983)
  …ory to show a deprivation of his federal constitutional rights. The length of a state penalty statute or sentence does not ordinarily present a federal constitutional question. See Hill v. Estelle, 653 F. 2d 202, 204-05 (5th Cir.1981), cert. denied, 454 U.S. 1036, 102 S.Ct. 577, 70 L.Ed.2d 481 (1981). Furthermore, the phrase challenged for vagueness (“not more than fifty years”) implies a range of zero to fifty, as the state points out on this appeal. The statutory language does not reach the necessary level…
• Manning v. Warden, La. State Penitentiary, 786 F.2d 710 (5th Cir. 1986)
  …Even given the liberal construction afforded pro se pleadings, the district court could have, and should have, summarily dismissed Manning’s petition. Rule 4, 28 U.S.C. foil. § 2254; see Hill v. Estelle, 653 F. 2d 202, 203 (5th Cir.), cert. denied, 454 U.S. 1036, 102 S.Ct. 577, 70 L.Ed.2d 481 (1981). Manning’s complaint is grounded in Louisiana criminal procedure. Article 493, La. Code Qrim.Proc.Ann. (West Supp.1986) is almost identical to Fed.R.Crim.P. 8(a) in providing (in relevant part) that two or more…