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CLOSS v. LEAPLEY

No. 91-2926.

959 F.2d 99 (1992)

Randy Lee CLOSS, Appellant, v. Walter LEAPLEY, Warden, South Dakota State Penitentiary; Mark W. Barnett, Attorney General, State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 17, 1992.

Attorney(s) appearing for the Case

Susan Jansa Brunick, Sioux Falls, S.D., for appellant.

Patricia Cronin, Pierre, S.D. (Mark Barnett, on brief), for appellees.

Before FAGG and MAGILL, Circuit Judges, and LONGSTAFF, District Judge.

PER CURIAM.

Randy Lee Closs, a South Dakota inmate, appeals the district court's summary denial of his habeas petition. In his pro se petition, Closs asserted the evidence was insufficient to support one of his convictions for burglary and theft. Without independently reviewing the state trial court record, the district court concluded "from the face of [Closs's] petition and the facts [appearing] in State v. Closs, 366 N.W.2d 138

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