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CUPPETT v. DUCKWORTH

No. 89-1896.

8 F.3d 1132 (1993)

Robert R. CUPPETT, Petitioner-Appellant, v. Jack R. DUCKWORTH, Superintendent, Indiana State Reformatory, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Reargued June 2, 1993.

Decided October 8, 1993.

Attorney(s) appearing for the Case

Barry Levenstam (argued), Jerold S. Solovy, Allen C. Schlinsog, Jenner & Block, Chicago, IL, for petitioner-appellant.

Michael A. Schoening, Deputy Atty. Gen., Charles R. Oehrle, Wayne E. Uhl, Deputy Atty. Gen. (argued), Federal Litigation, Indianapolis, IN, for respondent-appellee.

Before POSNER, Chief Judge, and CUMMINGS, BAUER, CUDAHY, COFFEY, FLAUM, EASTERBROOK, RIPPLE, MANION, KANNE and ROVNER, Circuit Judges.

Reargued En Banc June 2, 1993.

COFFEY, Circuit Judge.

Robert Russell Cuppett filed a petition for a writ of habeas corpus in the district court challenging as unconstitutional the enhancement of his Indiana sentence for a robbery conviction. 28 U.S.C. § 2254. The enhancement, which increased Cuppett's sentence from ten to forty years, was based on a finding that he was a habitual offender under Indiana law. The district court denied Cuppett's habeas petition...

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