Lovely v. Jackson

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 06a0196n.06
Filed: March 24, 2006
No. 04-2323
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
STEPHEN LOVELY, )
) ON APPEAL FROM THE
Petitioner-Appellant, ) UNITED STATES DISTRICT
) COURT FOR THE EASTERN
v. ) DISTRICT OF MICHIGAN
)
ANDREW JACKSON, Warden, ) OPINION
)
Respondent-Appellee. )
BEFORE: BATCHELDER, CLAY, and McKEAGUE, Circuit Judges.
McKeague, Circuit Judge. Petitioner Stephen Lovely appeals the district court’s order of
September 13, 2004, denying his petition for a writ of habeas corpus, under 28 U.S.C. § 2254, on
his claims that (1) his conviction was improperly based on an incriminating statement he made to
the police as the product of his illegal arrest (2) there was insufficient evidence presented at trial to
support his armed robbery and assault convictions and (3) his sentence was so disproportionate as
to constitute cruel and unusual punishment. See Lovely v. Jackson, 337 F. Supp. 2d 969 (E.D.
Mich. 2004) (opinion and order denying petition for writ of habeas corpus).
Following our extensive review of the record, all applicable law, and the parties’ briefs, we
conclude that the district court properly denied Lovely’s petition for a writ of habeas corpus.
Because issuing a full opinion would serve no jurisprudential purpose, we AFFIRM the district
No. 04-2323
Lovely v. Jackson
court’s order denying Lovely’s petition for a writ of habeas corpus on the basis of the district court's
opinion and order of September 13, 2004.
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