John Drummond v. Marc Houk


OPINION and JUDGMENT filed : The district court's conditional grant of habeas corpus is REVERSED. The judgment of the district court is otherwise AFFIRMED. Decision for publication; pursuant to the United States Supreme Court judgment. R. Guy Cole, Jr., Chief Judge; Richard Allen Griffin (CONCURRING IN THE JUDGMENT) and Raymond M. Kethledge (AUTHORING), Circuit Judges. [11-3024, 11-3039]

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Case: 11-3024 Document: 134-3 Filed: 08/14/2015 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Nos. 11-3024/3039 FILED JOHN DRUMMOND, Petitioner - Appellee/Cross - Appellant, Aug 14, 2015 DEBORAH S. HUNT, Clerk v. MARC HOUK, Warden, Respondent - Appellant/Cross - Appellee. Before: COLE, Chief Judge; GRIFFIN and KETHLEDGE, Circuit Judges. JUDGMENT On Appeal from the United States District Court for the Northern District of Ohio at Youngstown. THIS CAUSE was heard on the record from the district court and was submitted on the supplemental briefs of counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the district court’s conditional grant of habeas corpus is REVERSED. IT IS FURTHER ORDERED that the district court’s judgment is otherwise AFFIRMED. ENTERED BY ORDER OF THE COURT Deborah S. Hunt, Clerk

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