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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v

UNPUBLISHED January 24, 1997

No. 195010 Detroit Recorder's Court LC No. 93-013624-01

BURKE BARDWELL, Defendant-Appellant.

Before: M.J. Kelly, P.J., and Saad and H.A. Beach,* JJ. MEMORANDUM. Defendant was charged with six counts of first-degree criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2), and one count of felony firearm, MCL 750.227b; MSA 28.424(2), in connection with multiple penetrations of a twelve-year old girl. He pleaded guilty to two counts of CSC, first degree, under an agreement that he would be sentenced to a minimum term falling between eight to twenty years. He was in fact, sentenced to a term of ten to twenty years, and he now appeals, arguing that this sentence violates the principle of proportionality, under People v Milbourn, 435 Mich 630; 461 NW2d 1 (1990). Defendant has appealed previously on a scoring issue, and he has been resentenced. Defendant's current sentence was within the recommended guidelines range of ten to twenty-five years, and is thus presumptively proportionate. People v Fisher, 442 Mich 560, 582; 503 NW2d 50 (1993). Because defendant has failed to present this Court with any compelling argument to overcome this presumption of proportionality, we affirm. Id. Affirmed.

* Circuit judge, sitting on the Court of Appeals by assignment. -1

/s/ Michael J. Kelly /s/ Henry William Saad /s/ Harry A. Beach

-2



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