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JOHNSON v. BREWER

No. 74-1944.

521 F.2d 556 (1975)

Fred Andrew JOHNSON, Appellant, v. Lou V. BREWER, Warden, Fort Madison Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1975.

Rehearing and Rehearing Denied September 24, 1975.

Attorney(s) appearing for the Case

C. A. Frerichs, Waterloo, Iowa, for appellant.

Tom McGrane, Asst. U. S. Atty., Des Moines, Iowa, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, ROSS, Circuit Judge, and TALBOT SMITH, Senior District Judge.

Rehearing and Rehearing En Banc Denied September 24, 1975.

TALBOT SMITH, Senior District Judge.

The petitioner before us was convicted in the Iowa District Court for Black Hawk County of possession of heroin with intent to deliver.1 His conviction was affirmed by the Supreme Court of Iowa.2 Petitioner (hereafter defendant) subsequently brought a petition for writ of habeas corpus,

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