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BROWN v. PARRATT

Civ. No. 74-L-36.

419 F.Supp. 44 (1976)

Monroe BROWN, Petitioner, v. Robert PARRATT, Warden, Nebraska Penal and Correctional Complex, Respondent.

United States District Court, D. Nebraska.

August 24, 1976.

Attorney(s) appearing for the Case

Prisoner Legal Services Project, Lincoln, Neb., for petitioner.

C. C. Sheldon, Asst. Atty. Gen., State of Neb., Lincoln, Neb., for respondent.

DENNEY, District Judge.

This matter comes before the Court pursuant to 28 U.S.C. § 2254, after an evidentiary hearing and submission of the state court record. The sole issue in this habeas corpus action is whether an enhanced sentence of ten years by virtue of the Nebraska habitual criminal statute, Neb.Rev.Stat. § 29-2221 (Reissue 1975)1 is cruel and unusual punishment as applied...

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