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GONZALES v. GRAMMER

No. 87-1472.

848 F.2d 894 (1988)

Catarino GONZALES, Jr., Appellee, v. Gary GRAMMER, Warden, State of Nebraska Penal Complex, Appellant. Catarino GONZALES, Jr., Appellee, v. Gary GRAMMER, Warden, Nebraska State Penitentiary, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1988.

Rehearing Denied July 28, 1988.

Attorney(s) appearing for the Case

William L. Howland, Asst. Atty. Gen., Lincoln, Neb., for appellant.

Robert Chapin, Lincoln, Neb., for appellee.

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

LAY, Chief Judge.

The State of Nebraska (the State) appeals from the federal district court's1 decision to grant a writ of habeas corpus for Catarino Gonzales, Jr. Gonzales was convicted of burglary on September 8, 1983, and is currently incarcerated at the Nebraska State Penitentiary. Because Gonzales was determined to be a habitual criminal, he was sentenced to a term of not less than ten nor more than twelve years. Neb.Rev.Stat. §...

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