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HOLMBERG v. PARRATT

No. 76-1609.

548 F.2d 745 (1977)

Gary M. HOLMBERG, Appellee, v. Robert F. PARRATT, as Warden of the Nebraska Penal and Correctional Complex, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 1, 1977.

Attorney(s) appearing for the Case

Patrick T. O'Brien, Asst. Atty. Gen., Dept. of Justice, Lincoln, Neb., for appellant; Paul L. Douglas, Atty. Gen., Lincoln, Neb., on brief.

John O. Sennett, Broken Bow, Neb., on brief, for appellee.

Before LAY, BRIGHT and STEPHENSON, Circuit Judges.

LAY, Circuit Judge.

Petitioner Gary Holmberg was convicted in a Nebraska state court of possession of marijuana with intent to distribute, deliver or dispense; of possession of amphetamines; and of possession of cocaine. He was sentenced to a term of one year and fined. Upon appeal to the Supreme Court of Nebraska he urged that his Fourth Amendment rights against illegal search and seizure had been violated. The court rejected...

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