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IRBY v. STATE OF MISSOURI

No. 75-1251.

529 F.2d 1292 (1976)

Sammie Preston IRBY, Appellant, v. STATE OF MISSOURI, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided February 6, 1976.

Rehearing and Rehearing Denied March 2, 1976.

Certiorari Denied May 24, 1976.

Attorney(s) appearing for the Case

Toby H. Hollander, St. Louis, Mo., for appellant.

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

Before LAY, BRIGHT, and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 2, 1976.

Certiorari Denied May 24, 1976. See 96 S.Ct. 2213.

PER CURIAM.

This appeal is but another in the continuing effort by petitioner Irby to overturn his state sentence of 40 years as an habitual offender which resulted from a 1963 robbery conviction. Irby claims that his 1963 sentence was enhanced by the sentencing court's reliance upon a prior conviction in 1956, which allegedly was obtained in violation...

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