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TATE v. ARMONTROUT

No. 89-2326EM.

914 F.2d 1022 (1990)

Donald Lee TATE, Appellant, v. William M. ARMONTROUT, Warden, Missouri State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 10, 1990.

Attorney(s) appearing for the Case

Michael F. Harris, Chesterfield, Mo., for appellant.

Ronald Jurgeson, Jefferson City, Mo., for appellee.

Before JOHN R. GIBSON, Circuit Judge, and FLOYD R. GIBSON and HENLEY, Senior Circuit Judges.

FLOYD R. GIBSON, Senior Circuit Judge.

Donald Lee Tate appeals denial of his habeas corpus petition by the district court's1 order adopting the recommendations of the magistrate.2 Tate invoked double jeopardy and due process to support his petition, arguing that Missouri's enhanced sentencing procedures had an unconstitutional effect in his case. Finding no constitutional infirmity in Tate's sentencing, we...

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