810 F.2d 202 (6th Cir. 1986), 86-5152, Moore v. Jones

Docket Nº:86-5152.
Citation:810 F.2d 202
Party Name:Tommy MOORE, Petitioner-Appellant, v. Otie JONES, Warden, Respondent-Appellee.
Case Date:November 21, 1986
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 202

810 F.2d 202 (6th Cir. 1986)

Tommy MOORE, Petitioner-Appellant,

v.

Otie JONES, Warden, Respondent-Appellee.

No. 86-5152.

United States Court of Appeals, Sixth Circuit

November 21, 1986

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

E.D.Tenn.

AFFIRMED.

On Appeal from the United States District Court for the Eastern District of Tennessee.

Before MARTIN, MILBURN and BOGGS, Circuit Judges.

PER CURIAM.

Tommy Moore's petition for writ of habeas corpus was originally filed on October 3, 1985, in the United States District Court for the Eastern District of Tennessee, alleging that his life sentence under Tennessee's Habitual Criminal Act was contrary to the eighth amendment of the United States Constitution. The United States magistrate rejected this claim and the district court affirmed the magistrate's report on January 27, 1986.

In July 1977, Tommy Moore was convicted in the Sullivan County, Tennessee, Criminal Court of either receiving and concealing stolen property or third degree burglary and of being an habitual criminal. His sentence under the terms of the Tennessee statute was enhanced to life in prison. At the time of his conviction as an habitual criminal he had seven prior convictions. His petitions for post-conviction relief challenging his sentence in the Tennessee court systems...

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