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Gray v. Hardy

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ARGUED APRIL 9, 2009

Before MANION, ROVNER, and WOOD,Circuit Judges.

Doiakah Gray was convicted of first-degree murder in the State of Illinois and sentenced to an extended-term sentence of 80 years’ imprison-ment based on the trial court’s finding that the murder was accompanied by exceptionally brutal or heinous behavior indicative of wanton cruelty. After the state courts denied collateral relief, Gray petitioned for a writ of habeas corpus under 28 U.S.C. § 2254. He argued that the trial court violated his rights under the Sixth and Fourteenth Amendments by imposing the extended-term sentence without submitting the underlying factual issue to a jury, see Apprendi v. New Jersey, 530 U.S. 466 (2000), and that he was denied the effective assistance of counsel. The district court denied his petition. We affirm that decision.

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