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TYLER v. SWENSON

No. 75-1453.

527 F.2d 876 (1976)

Melvin Leroy TYLER, Appellant, v. Harold R. SWENSON, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 6, 1976.

Rehearing Denied January 30, 1976.

Attorney(s) appearing for the Case

James R. Mendillo, Belleville, Ill., for appellant.

Neil MacFarlane, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before GIBSON, Chief Judge, and LAY and STEPHENSON, Circuit Judges.

STEPHENSON, Circuit Judge.

The sole issue raised in this habeas corpus appeal, brought under 28 U.S.C. § 2254, is whether the petitioner is entitled to have his state court sentence reconsidered because the state trial court may have relied on allegedly invalid 1964 convictions in imposing sentence. The district court1 denied petitioner Melvin Tyler's application for writ of habeas corpus.2 We affirm....

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