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GARZA v. WOLFF

No. 75-1420.

528 F.2d 208 (1975)

Vincent GARZA, Appellant, v. Warden Charles L. WOLFF, Nebraska State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 23, 1975.

Attorney(s) appearing for the Case

Paul Scott Dye, Omaha, Neb., for appellant.

Bernard L. Packett, Lincoln, Neb., for appellee.

Before CLARK, Associate Justice, and LAY and ROSS, Circuit Judges.

MR. JUSTICE CLARK:

This is an appeal from a denial of the habeas corpus application brought by Vincent Garza, appellant, attacking his jury conviction for forcible rape. State v. Garza, 187 Neb. 407, 191 N.W.2d 454 (1971). He is now serving a twenty to thirty-five year sentence in the Nebraska Penal Complex and has exhausted his state post-conviction remedies. State v. Garza,

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