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LOSTUTTER v. PETERS

No. 93-3998.

50 F.3d 392 (1995)

Dan LOSTUTTER, Petitioner-Appellant, v. Howard A. PETERS, III, Illinois Department of Corrections, and Roland W. Burris, Attorney General of the State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 9, 1995.

Attorney(s) appearing for the Case

Dianne Mary McNamee (argued), Springfield, IL, for petitioner-appellant.

Penelope Moutoussamy George (argued), Office of the Atty. Gen., Crim. Appeals Div., Chicago, IL, for respondents-appellees.

Before FLAUM, EMILIO M. GARZA, and ROVNER, Circuit Judges.

EMILIO M. GARZA, Circuit Judge.

Dan Lostutter appeals the district court's denial of his petition for a writ of habeas corpus, pursuant to 28 U.S.C. § 2254 (1988). We affirm.

I

Dan Lostutter was convicted of one count of aggravated criminal sexual abuse and two counts of aggravated criminal sexual assault. On appeal, the Illinois Appellate Court reversed his conviction on one of the aggravated sexual assault counts and affirmed the two remaining...

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