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BAILEY v. GARDEBRING

Nos. 89-5219, 89-5403.

940 F.2d 1150 (1991)

Clark A. BAILEY, Appellant, v. Sandra GARDEBRING, Commissioner of Human Services, and State of Minnesota, Appellees. Clark Albert BAILEY, Appellant, v. Arthur E. NOOT, Orville Pung, Charles G. Sheppard, Leslie R. Green, William F. McRae, Bruce M. Beltt, Richard A. Alstad, James Bruton, Henry Greencrow, and Dorothy Skwiera, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 26, 1991.

Attorney(s) appearing for the Case

Douglas Peine, St. Paul, Minn., for Bailey in No. 89-5219.

Mary L. Stanislav, Minneapolis, Minn., for Gardebring and State of Minn.

Alan Anderson, Minneapolis, Minn., for Bailey in No. 89-5403; James D. O'Connor, on brief.

Jean Whitney and Richard Slowes, St. Paul, Minn., argued, for Noot, et al.; Catharine F. Haukedahl, St. Paul, Minn., on brief.

Before LAY, Chief Judge, BOWMAN, Circuit Judge, and STUART, District Judge.

BOWMAN, Circuit Judge.

In the latter part of 1976 Clark Albert Bailey kidnapped and sexually abused a thirteen-year-old girl in Minnesota and murdered her in Iowa. He pled guilty in Minnesota to criminal sexual conduct in the first degree and kidnapping and in Iowa to second degree murder. For these offenses he received sentences of twenty years, forty years, and forty years, respectively. All sentences are to be served concurrently.

After sentencing Bailey...

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