No. 88-5015.

877 F.2d 1275 (1989)

Gene M. DUNN, Jr., Petitioner-Appellee, v. Ron SIMMONS, Chairman, Parole Board, Corrections Cabinet, and David L. Armstrong, Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided June 13, 1989.

Rehearing and Rehearing Denied July 31, 1989.

Attorney(s) appearing for the Case

J. David Niehaus, Public Defender (argued), Office of Jefferson Dist. Public Defender, Daniel T. Goyette, Louisville, Ky., for petitioner-appellee.

David A. Sexton, Asst. Atty. Gen. (argued), Frankfort, Ky., for respondents-appellants.

Before RYAN and NORRIS, Circuit Judges; and LIVELY, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied July 31, 1989.

ALAN E. NORRIS, Circuit Judge.

This is an appeal by the state from an order of the district court granting a writ of habeas corpus to petitioner, Gene M. Dunn, Jr. Dunn was found guilty by a Kentucky jury of the substantive offense of possession of a controlled substance, and of being a persistent felony offender (PFO), and these convictions were upheld by the Kentucky Supreme Court. The effect of the district...

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