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SPRATLIN v. SOLEM

No. 77-1778.

577 F.2d 56 (1978)

Jonathan Earl SPRATLIN, Appellant, v. Herman SOLEM, Warden, South Dakota State Penitentiary, and William Janklow, Attorney General of the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1978.

Attorney(s) appearing for the Case

Mary K. McCusker, Hill City, S. D., argued and filed brief and made rebuttal, for appellant.

William J. Janklow, Atty. Gen., and LeAnn Larson Finke (argued), Asst. Atty. Gen., Pierre, S. D., on brief for appellees.

Before LAY, HEANEY and HENLEY, Circuit Judges.

HEANEY, Circuit Judge.

Jonathan Earl Spratlin was convicted of distributing amphetamines in violation of South Dakota Compiled Laws Ann. § 39-17-88. He appealed, and his conviction was affirmed. State v. Spratlin, 243 N.W.2d 386 (S.D.1976). He then filed a motion in the United States District Court for the District of South Dakota pursuant to 28 U.S.C. § 2254 alleging the same errors

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