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KELLEY v. SWENSON

No. 74-1394.

510 F.2d 264 (1975)

Robert KELLEY, Appellant, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1975.

Attorney(s) appearing for the Case

Richard D. Schreiber, Clayton, Mo., for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before MATTHES, Senior Circuit Judge, and ROSS and STEPHENSON, Circuit Judges.

PER CURIAM.

Robert Kelley, a Missouri state prisoner, appeals from the decision of the district court denying his petition for a writ of habeas corpus. That court's memorandum opinion and order is reported as Kelley v. Swenson, 376 F.Supp. 20 (E.D.Mo.1974). We affirm.

This is the second time that this petition has been before this Court on appeal. Kelley was convicted in state court of second degree burglary and

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