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PARTEE v. HOPKINS

No. 93-3512.

30 F.3d 1011 (1994)

Roosevelt PARTEE, Plaintiff-Appellee, v. Frank X. HOPKINS, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 28, 1994.

Attorney(s) appearing for the Case

Mark D. Starr, Asst. Atty. Gen., Lincoln, NE, argued, for appellant.

Michael E. Willet, Wymore, NE, argued, for appellee.

Before MAGILL, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and LOKEN, Circuit Judge.

LOKEN, Circuit Judge.

After a bench trial, a Nebraska state court convicted Roosevelt Partee of being a felon in possession of a firearm. He was sentenced to twenty to fifty years in prison as an habitual criminal based upon two prior second-degree murder convictions. See Neb. Rev.Stat. § 29-2221. He appealed, arguing that a 1970 Arkansas murder conviction should not have been used to enhance his sentence because there was no proof that his guilty plea...

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