Anthony Legion v. Kenneth McKee ( 2008 )

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0759n.06
Filed: December 15, 2008
No. 07-2350
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
ANTHONY LEGION, )
)
Petitioner-Appellee, ) ON APPEAL FROM THE
) UNITED STATES DISTRICT
v. ) COURT FOR THE EASTERN
) DISTRICT OF MICHIGAN
KENNETH T. MCKEE, Warden, )
)
OPINION
Respondent-Appellant. )
_______________________________________)
Before: MOORE and WHITE, Circuit Judges; and VINSON,* District Judge.
Per curiam. The issue raised in this habeas appeal has been conclusively decided by another
panel of this court. See Desai v. Booker, 538 F.3d 424 (6th Cir. 2008). The Opinion and Order of the
district court must be, and is, REVERSED on the basis of the Desai decision. This case is
REMANDED to the district court for further proceedings.
*
The Honorable C. Roger Vinson, United States District Judge for the Northern District of
Florida, sitting by designation.