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TYLER v. GUNTER

No. 86-2378.

819 F.2d 869 (1987)

Billy Roy TYLER, Appellant, v. Frank GUNTER and Gary Grammer, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 1, 1987.

Attorney(s) appearing for the Case

Terry Wittler, Lincoln, Neb., for appellant.

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

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

EUGENE A. WRIGHT, Senior Circuit Judge.

Tyler seeks habeas corpus relief from a five year sentence for possession of 1/8th of a gram of hashish. He alleges that the sentence violates the Eighth Amendment's provision against cruel and unusual punishment. We disagree.

BACKGROUND

While jailed for traffic violations, Tyler was found with hashish about the size of 1/4th of an aspirin tablet. Representing himself, he pleaded no contest to a charge of knowingly...

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