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LUNA v. BLACK

No. 85-1334.

772 F.2d 448 (1985)

Victor LUNA, Appellant, v. Charles BLACK, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 6, 1985.

Attorney(s) appearing for the Case

Victor Luna, pro se.

Sharon M. Lindgren, Asst. Atty. Gen., Lincoln, Neb., for appellee.

Before ARNOLD, Circuit Judge, HENLEY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

PER CURIAM.

Victor Luna, a Nebraska state prisoner, appeals pro se the district court's1 dismissal of his petition under 28 U.S.C. § 2254 for a writ of habeas corpus. He argues the district court erred in dismissing his petition because (1) prosecutorial vindictiveness motivated the filing of an habitual criminal charge after Luna refused to plead guilty; (2) the record at the habitual criminal hearing failed to affirmatively show...

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