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IRBY v. STATE OF MISSOURI

No. 73-1495.

502 F.2d 1096 (1974)

Sammie Preston IRBY, Petitioner-Appellant, v. STATE OF MISSOURI, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 25, 1974.

On Reconsideration September 23, 1974.

Attorney(s) appearing for the Case

Francis M. Gaffney, St. Louis, Mo., for petitioner-appellant.

John C. Danforth, Atty. Gen., and Stephen D. Hoyne, K. Preston Dean, Asst. Attys. Gen., Jefferson City, Mo., for respondent-appellee.

Before BRIGHT and STEPHENSON, Circuit Judges, and STUART, District Judge.

On Reconsideration En Banc September 23, 1974.

PER CURIAM.

Sammie Preston Irby has applied for relief from a 40-year prison sentence imposed upon him by the State of Missouri for a 1963 robbery conviction. The state sentencing court applied the Missouri second-offender statute, Mo. Ann.Stat. § 556.280. He attacks the constitutional validity of his sentence, alleging that the state sentencing judge considered...

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