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UNITED STATES EX REL. MEANS v. SOLEM

No. 79-2017.

646 F.2d 322 (1980)

UNITED STATES of America, ex rel. Ted MEANS, Appellee, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Sioux Falls, South Dakota, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 27, 1980.

Attorney(s) appearing for the Case

LeAnn Finke, Asst. Atty. Gen., Pierre, S.D. (argued), Mark V. Meierhenry, Atty. Gen., Pierre, S.D., on brief, for appellant.

James D. Leach, Rapid City, S.D., for appellee.

Before BRIGHT and ROSS, Circuit Judges, and SCHATZ, District Judge.

ROSS, Circuit Judge.

Ted Means was convicted of riot to obstruct justice in violation of SDCL section 22-10-41 and sentenced to thirty months imprisonment. The Supreme Court of South Dakota affirmed the conviction. State v. Means, S.D., 276 N.W.2d 699 (1979).

Means thereafter filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. ...

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