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HOGAN v. STATE OF NEB.

No. 75-1902.

535 F.2d 458 (1976)

Steven J. HOGAN, Appellant, v. The STATE OF NEBRASKA and Vernon Newbold, Sheriff of Buffalo County, Nebraska, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided May 13, 1976.

Attorney(s) appearing for the Case

Kirk E. Naylor, Jr., Lincoln, Neb., on brief, for appellant.

Steven C. Smith, Asst. Atty. Gen., Lincoln, Neb., for appellees; Paul L. Douglas, Atty. Gen., Jerold V. Fennell, Asst. Atty. Gen., and Gary L. Hogg, Buffalo County Atty., Kearney, Neb., on brief.

Before BRIGHT and HENLEY, Circuit Judges, and TALBOT SMITH, Senior District Judge.

TALBOT SMITH, Senior District Judge.

The appellant-petitioner (hereafter defendant) was convicted in the District Court of Buffalo County, Nebraska of the felony offense of possession of cocaine and the misdemeanor offense of the possession of marijuana.1 He was sentenced to the county jail for a total of 95 days. His conviction was affirmed by the Supreme Court of Nebraska.2 He then filed petition in the United...

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