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RODGERS v. WYRICK

No. 79-1792.

621 F.2d 921 (1980)

Willis L. RODGERS, Jr., Appellant, v. Donald WYRICK, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1980.

As Modified May 28, 1980.

Attorney(s) appearing for the Case

Donald J. Hager, Farmington, Mo., for appellant.

John Ashcroft, Atty. Gen. and Michael H. Finkelstein, Asst. Atty. Gen., Jefferson City, Mo., for appellee.

Before ROSS, STEPHENSON and ARNOLD, Circuit Judges.

STEPHENSON, Circuit Judge.

Missouri state prisoner Willis L. Rodgers, Jr. appeals from the denial of his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Rodgers attacked the validity of two 1971 state convictions, the sentences for which he had already served, on the basis that they were used to enhance the sentence on a subsequent state conviction in 1973, the sentence he is now serving. The district...

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