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WEAVER v. STATE OF IOWA

No. 91-1852.

949 F.2d 1049 (1991)

Kenneth Dean WEAVER, Jr., Appellant, v. STATE OF IOWA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 27, 1991.

Attorney(s) appearing for the Case

David D. Butler, Des Moines, Iowa, argued, for appellant.

Thomas McGrane, Des Moines, Iowa, argued, for appellee.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and MAGILL, Circuit Judge.

FAGG, Circuit Judge.

Kenneth Dean Weaver, Jr. stole a purse from an automobile parked by a gas pump at a convenience store in Iowa. A state-court jury convicted Weaver of second-degree burglary. After the Iowa Court of Appeals affirmed Weaver's conviction, Weaver filed a habeas petition in federal district court. Weaver appeals the district court's denial of his petition. We affirm.

Weaver asserts the unlocked, privately-owned automobile was not an "occupied...

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