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COLLINS v. AUGER

Civ. No. 76-215-1.

451 F.Supp. 22 (1977)

Gary James COLLINS, Petitioner, v. Calvin AUGER, Warden, Respondent.

United States District Court, S. D. Iowa, Central Division.

December 7, 1977.

Attorney(s) appearing for the Case

Keith E. Uhl, Des Moines, Iowa, for petitioner.

Richard C. Turner, Atty. Gen. of Iowa, Thomas D. McGrane, Asst. Atty. Gen., State of Iowa, Des Moines, Iowa, for respondent.

CERTIFICATION IN RESPONSE TO ORDER OF REMAND

STUART, Chief Judge.

This matter is before the Court on the order of remand from the Eighth Circuit Court of Appeals dated October 21, 1977. Petitioner was originally convicted in state court on July 18, 1974 on the charge of assault with intent to commit rape in violation of section 698.4 of the Iowa Code (1973). The Iowa Supreme Court affirmed State v. Collins, 236 N.W.2d 376

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