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MORGAN v. WYRICK

No. 81-2133.

673 F.2d 218 (1982)

Parry MORGAN, Appellant, v. Donald WYRICK, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 8, 1982.

Attorney(s) appearing for the Case

David F. Oliver, Field, Gentry, Benjamin & Robertson, Kansas City, Mo., for appellant.

John Ashcroft, Atty. Gen., Nancy Kelley Baker, Asst. Atty. Gen., Jefferson City, Mo., for appellees.

Before LAY, Chief Judge, HENLEY and McMILLIAN, Circuit Judges.

PER CURIAM.

This is an appeal in forma pauperis from the district court's1 denial of appellant's petition for habeas corpus under 28 U.S.C. § 2254. In brief, appellant contends that because his consecutive sentences of imprisonment resulted from the state trial court's application of a statute later declared unconstitutional, his case should be remanded for resentencing. We affirm the district court.

On February 12, 1975,...

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