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The Honorable C. Roger Vinson, United States District Judge for the Northern District of*
Florida, sitting by designation.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION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,
v.
KENNETH T. MCKEE, Warden,
Respondent-Appellant.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF MICHIGAN
O P I N I O N
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 (6 Cir. 2008). The Opinion and Order of theth
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.
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