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NIEMANN v. PARRATT

No. 78-1783.

596 F.2d 316 (1979)

Max A. NIEMANN, Appellant, v. Robert PARRATT, Warden of the Nebraska Penal and Correctional Complex, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 6, 1979.

Attorney(s) appearing for the Case

Richard T. Vanderheiden of Phares, Torpin & Vanderheiden, Central City, Neb., for appellant.

Paul L. Douglas, Atty. Gen. and Paul W. Snyder, Asst. Atty. Gen., Lincoln, Neb., for appellee.

Before BRIGHT and STEPHENSON, Circuit Judges, and BOGUE, District Judge.

STEPHENSON, Circuit Judge.

On this appeal from the district court's1 denial of his petition for habeas corpus, petitioner Max A. Niemann claims that his indeterminate sentence of 20 years to life imprisonment is illegal and void as it is not authorized by Nebraska law. We disagree, and consequently affirm the district court.

On October 20, 1970, Niemann entered a plea of guilty in Boone County, Nebraska, to the charge of second...

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