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SCHUMACHER v. HOPKINS

No. 95-3070.

83 F.3d 1034 (1996)

Mark A. SCHUMACHER, Appellant, v. Frank X. HOPKINS, Warden, Nebraska State Penitentiary, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1996.

Attorney(s) appearing for the Case

Mark Eugene Ford, Lincoln, NE, argued for appellant.

Kimberly A. Klein, Lincoln, NE, argued (Don Stenberg, Atty. Gen., on the brief), for appellee.

Before BOWMAN, BEAM, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

BEAM, Circuit Judge.

In 1990, a jury found Mark Schumacher guilty of first degree sexual assault, two counts of first degree false imprisonment, and two counts of using a firearm to commit a felony. During his sentencing, he was classified as a nontreatable mentally disordered sex offender. His state court appeal and postconviction actions were unsuccessful. Schumacher then filed a petition for habeas corpus under 28 U.S...

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