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HIGGINS v. SMITH

No. 92-3224.

991 F.2d 440 (1993)

Jack HIGGINS, Appellee, v. Don SMITH, Superintendent of Fulton Reception and Diagnostic Center, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 13, 1993.

Attorney(s) appearing for the Case

Ronald Jurgeson, Asst. Atty. Gen., Jefferson City, MO, argued (Frank A. Jung and William Webster, on the brief), for appellant.

Charles A. Parmenter, St. Louis, MO, argued, for appellee.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and KYLE, District Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is a habeas corpus case. Petitioner asserts that he was given a sentence in excess of that permitted by state law because an amendment to Missouri's drug laws that reduced the maximum possible sentence, see Mo.Rev.Stat. § 195.211, was applicable to his case but mistakenly not applied to it by his sentencing court. (See State v. Freeman, 791 S.W.2d 471, 473 (Mo.Ct.App...

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