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MYRE v. STATE OF IOWA

No. 94-2962.

53 F.3d 199 (1995)

Alfred E. MYRE, Appellant, v. STATE OF IOWA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided April 21, 1995.

Attorney(s) appearing for the Case

Michael R. Stowers, Des Moines, IA, argued, for appellant.

Thomas D. McGrane, Asst. Atty. Gen., argued, for appellee.

Before MCMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

JOHN R. GIBSON, Senior Circuit Judge.

Alfred E. Myre appeals from an order of the district court1 dismissing his petition for habeas corpus filed under 28 U.S.C. § 2254 (1988) for failure to exhaust state remedies. He argues that he raised the constitutional issue concerning the burden of proof instruction in state court. Thus, he claims that he has met the exhaustion requirement. We affirm the judgment of the district court.

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