Michael R. Branan v. William E. Booth, & Robert A. Butterworth, Attorney Gen. of the State of Florida, 861 F.2d 1507 (11th Cir. 1988). · Go Syfert
Michael R. Branan v. William E. Booth, & Robert A. Butterworth, Attorney Gen. of the State of Florida, 861 F.2d 1507 (11th Cir. 1988). Cases Citing This Book View Copy Cite
233 citation events (209 in the last 25 years) across 17 distinct courts.
Strongest positive: Armstrong v. Secretary, Department of Corrections (flmd, 2025-09-16)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Armstrong v. Secretary, Department of Corrections
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Aime v. Secretary Department of Corrections
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
this limitation on federal habeas review is of equal force when a petition, which actually involves state law issues, is 'couched in terms of equal protection and due process.
examined Cited as authority (verbatim quote) Funk v. Secretary, Department of Corrections (Hillsborough)
M.D. Fla. · 2025 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief. . . . this limitation on federal habeas review is of equal force when a petition, which actually involves state law issues, is 'couched in terms of equal protection and due process.
discussed Cited as authority (verbatim quote) Laster v. Secretary, Department of Corrections(Polk County)
M.D. Fla. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is clear from that a habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) McCune v. Secretary, Department of Corrections (2×) also: Cited as authority (rule)
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Floyd v. Secretary, Department of Corrections (Pinellas County)
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Griffin v. State of Florida (Columbia County)
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Pennington v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
ederal courts cannot review a state's alleged failure to adhere to its own sentencing procedures.
discussed Cited as authority (verbatim quote) Posta v. Florida Department of Corrections
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
were this court to undertake a review of the instant petition, we would have to conduct an examination of florida case law and of the florida rules of criminal procedure. this we will not and do.
discussed Cited as authority (verbatim quote) Hill v. Secretary, Department of Corrections (Sarasota County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Zeigler v. Secretary, Department of Corrections
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Sloan v. Secretary, Department of Corrections (Citrus County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Rivas v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Davis v. Secretary, Department of Corrections (Hernando County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Stapleton v. Warden, Ross Correctional Institution
S.D. Ohio · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
this limitation on federal habeas review is of equal force when a petition, which actually involves state law issues, is "couched in terms of equal protection and due process.
discussed Cited as authority (verbatim quote) McCutcheon v. Florida Commission On Offender Review (2×) also: Cited as authority (rule)
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
this limitation on federal habeas review is of equal force when a petition, which actually involves state law issues, is couched in terms of equal protection and due process.
examined Cited as authority (verbatim quote) Baxter v. Florida Department of Corrections (3×) also: Cited "see"
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
although petitioner alleges violations of federal law, it is clear that this petition is based exclusively on state law issues which are merely couched in terms of equal protection and due process.
discussed Cited as authority (verbatim quote) Gerald v. Florida Department of Corrections
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
although petitioner alleges violations of federal law, it is clear that this petition is based exclusively on state law issues which are merely couched in terms of equal protection and due process.
examined Cited as authority (verbatim quote) Scott v. Florida Department of Corrections (2×) also: Cited "see"
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
although petitioner alleges violations of 5 see williams v. state, 110 so. 2d 654 (fla. 1959). federal law, it is clear that this petition is based exclusively on state law issues which are merely couched in terms of equal protection and due process.
discussed Cited as authority (verbatim quote) Ravelo v. Florida Department of Corrections
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the district court dismissed the petition with prejudice, finding the issue to be one of state law and, thus, not cognizable in a federal habeas action. we affirm.
discussed Cited as authority (verbatim quote) Bowen v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
examined Cited as authority (verbatim quote) Payne v. Secretary, Department of Corrections (7×) also: Cited "see"
M.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
in the area of state sentencing guidelines in particular, we have consistently held that federal courts cannot review a state's alleged failure to adhere to its own sentencing procedures.
discussed Cited as authority (verbatim quote) Cruz v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
examined Cited as authority (verbatim quote) Smith v. Florida Department of Corrections (3×) also: Cited "see"
S.D. Fla. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
although petitioner alleges violations of federal law, it is clear that this petition is based exclusively on state law issues which are merely couched in terms of equal protection and due process.
discussed Cited as authority (verbatim quote) Cottee v. Unknown
E.D. Va. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
federal courts cannot review a state's alleged failure to adhere to its own sentencing procedures
discussed Cited as authority (verbatim quote) Dixon v. Secretary, Department of Corrections (Polk County)
M.D. Fla. · 2023 · quote attribution · 1 verbatim quote · confidence high
e consistently have held that federal courts cannot review a state's alleged failure to adhere to its own sentencing procedures.
discussed Cited as authority (verbatim quote) Braun v. Stolle
E.D. Va. · 2022 · signal: see also · quote attribution · 1 verbatim quote · confidence high
ederal courts cannot review a state's alleged failure to adhere to its own sentencing procedures.
discussed Cited as authority (verbatim quote) Shedd v. State of Florida (Sarasota County)
M.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Diaz v. Secretary, Department of Corrections(Sarasota County)
M.D. Fla. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Loftin v. Secretary, Department of Corrections
M.D. Fla. · 2022 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Bradley v. Secretary, Department of Corrections (Pasco County)
M.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Mansell v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Soria-Zavala v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
this limitation on federal habeas review is of equal force when a petition, which actually involves state law issues, is 'couched in terms of equal protection and due process.
discussed Cited as authority (verbatim quote) Boone v. Florida Commission on Offender Review
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
examined Cited as authority (verbatim quote) Mack, Jr. v. Secretary, Department of Corrections (Hillsborough County) (3×) also: Cited "see"
M.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Toney v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
in the area of state sentencing guidelines in particular, we consistently have held that federal courts can not review a state's alleged failure to adhere to its own sentencing procedures.
discussed Cited as authority (verbatim quote) Borders v. Secretary, Department of Corrections (2×) also: Cited "see"
M.D. Fla. · 2020 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
discussed Cited as authority (verbatim quote) Haggins v. Secretary, Department of Corrections
M.D. Fla. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
examined Cited as authority (verbatim quote) Gonzalez v. Metro West Detention Center (2×)
S.D. Fla. · 2020 · signal: see · quote attribution · 2 verbatim quotes · confidence high
a habeas petition grounded on issues of state law provides no basis for habeas relief
discussed Cited as authority (verbatim quote) Darron Leon Branton, Jr. v. Secretary, Florida Department of Corrections
11th Cir. · 2019 · quote attribution · 1 verbatim quote · confidence high
a habeas petition grounded on issues of state law provides no basis for habeas relief
discussed Cited as authority (verbatim quote) Abonza-Torres v. Secretary, Department of Corrections
M.D. Fla. · 2019 · quote attribution · 1 verbatim quote · confidence high
habeas petition grounded on issues of state law provides no basis for habeas relief.
cited Cited as authority (rule) Michael Steven Pollard, Jr. v. Secretary, Department of Corrections
M.D. Fla. · 2026 · confidence medium
Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988). §17, Art.
discussed Cited as authority (rule) Christopher Brown v. Secretary, Department of Corrections (2×) also: Cited "see"
M.D. Fla. · 2025 · confidence medium
Thus, “a habeas petition grounded on issues of state law provides no basis for habeas relief.” Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988).
cited Cited as authority (rule) Edouard v. Secretary, Department of Corrections (Manatee County)
M.D. Fla. · 2025 · confidence medium
Thus, “a habeas petition grounded on issues of state law provides no basis for habeas relief.” Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988).
discussed Cited as authority (rule) Southern v. Secretary, Florida Department of Corrections (Duval County)
M.D. Fla. · 2025 · confidence medium
The writ of habeas corpus under 28 U.S.C. § 2254 “was not enacted to enforce State-created rights.” Cabberiza v. Moore, 217 F.3d 1329, 1333 (11th Cir. 2000) (citing Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988)).
cited Cited as authority (rule) Bates v. Secretary, Department of Corrections (Manatee County)
M.D. Fla. · 2025 · confidence medium
For that reason, “a habeas petition grounded on issues of state law provides no basis for habeas relief.” Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988).
cited Cited as authority (rule) Brown v. Gordy
N.D. Ala. · 2025 · confidence medium
(Doc. 33, p. 9) (citing Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988)).
cited Cited as authority (rule) Kendrick v. Secretary, Department of Corrections (Hillsborough County)
M.D. Fla. · 2025 · confidence medium
Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988).
discussed Cited as authority (rule) Brown v. Secretary, Department of Corrections
M.D. Fla. · 2025 · confidence medium
Bonner v. City of Prichard, 661 F.2d 1206, 1207 (11th Cir. 1981) (en banc). 4 “Unpublished opinions are not considered binding precedent, but they may be cited as persuasive authority.” 11th Cir. Rule 36-2. court.”); Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988) “[F]ederal courts cannot review a state’s alleged failure to adhere to its own sentencing procedures.”) (citations omitted).
discussed Cited as authority (rule) Carballa v. Secretary, Department of Corrections (Hillsborough)
M.D. Fla. · 2024 · confidence medium
Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988) (citations omitted), defeats Carballa’s claim based on state law: It is clear from [ 28 U.S.C. § 2254 (a)] that a habeas petition grounded on issues of state law provides no basis for habeas relief.
Retrieving the full opinion text from the archive…
Michael R. BRANAN, Petitioner-Appellant,
v.
William E. BOOTH, and Robert A. Butterworth, Attorney General of the State of Florida, Respondents-Appellees
88-3052.
Court of Appeals for the Eleventh Circuit.
Dec 20, 1988.
861 F.2d 1507
Hill, Fay, Edmondson.
Cited by 152 opinions  |  Published
PER CURIAM:

Petitioner-appellant, Michael R. Branan, a Florida prisoner, seeks review of the district court’s dismissal with prejudice of his petition for writ of habeas corpus (28 U.S. C. § 2254). Branan was convicted of sexual battery with slight force and sentenced to 15 years in prison by a Palm Beach County Circuit Court in 1984. After exhausting state remedies, Branan filed the instant petition for habeas relief. In his petition, Branan alleges that he was denied[*1508] due process and equal protection because the trial judge relied on invalid reasons in departing from the Florida sentencing guidelines (Fla.R.Crim.P. 3.701) and increasing Branan’s sentence from the recommended 12-30 months to 15 years. The district court dismissed the petition with prejudice, finding the issue to be one of state law and, thus, not cognizable in a federal habeas action. We affirm.

The applicable statute, 28 U.S.C. § 2254(a), provides:

The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.

It is clear from the foregoing statute that a habeas petition grounded on issues of state law provides no basis for habeas relief. Carrizales v. Wainwright, 699 F.2d 1053, 1054-55 (11th Cir.1983). In the area of state sentencing guidelines in particular, we consistently have held that federal courts can not review a state’s alleged failure to adhere to its own sentencing procedures. Jones v. Estelle, 622 F.2d 124, 126 (5th Cir.), cert. denied, 449 U.S. 996, 101 S.Ct. 537, 66 L.Ed.2d 295 (1980); Nichols v. Estelle, 556 F.2d 1330, 1331 (5th Cir.1977), cert. denied, 434 U.S. 1020, 98 S.Ct. 744, 54 L.Ed.2d 767 (1978); Willeford v. Estelle, 538 F.2d 1194, 1196-98 (5th Cir.1976). This limitation on federal habeas review is of equal force when a petition, which actually involves state law issues, is “couched in terms of equal protection and due process.” Willeford, 538 F.2d at 1198.

In the instant case, petitioner argues that the trial judge misinterpreted Florida law regarding departure from recommended guidelines for sentencing. He cites numerous Florida cases and argues that, if the trial judge had correctly interpreted Florida case law and the Florida Rules of Criminal Procedure, petitioner would have been given a shorter sentence. As a result of these alleged violations of state law, petitioner argues, he is being denied due process and equal protection as guaranteed by the Constitution of the United States.

It is our opinion that the petition raises issues of state law only and, thus, must be dismissed. Although petitioner alleges violations of federal law, it is clear that this petition is based exclusively on state law issues which are merely “couched in terms of equal protection and due process.” Willeford, 538 F.2d at 1198. Were this Court to undertake a review of the instant petition, we would have to conduct an examination of Florida case law and of the Florida Rules of Criminal Procedure. This we will not and can not do. [1]

Because the instant petition raises only questions of state law and because we are bound by our prior decisions, we hereby AFFIRM the district court’s dismissal with prejudice of the petitioner’s writ of habeas corpus.

AFFIRMED.

1

. Like the district court, we express no opinion on the trial court’s interpretation of Florida law.