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REHBEIN v. CLARKE

No. 95-3382.

94 F.3d 478 (1996)

Cary Nelson REHBEIN, Appellant, v. Harold W. CLARKE; John Dahm, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 27, 1996.

Rehearing Denied November 1, 1996.

Attorney(s) appearing for the Case

James G. Egley, Madison, NE, argued, for appellant.

Mark D. Starr, Lincoln, NE, argued (Don Stenberg, on the brief), for appellee.

Before McMILLIAN, BEAM, and HANSEN, Circuit Judges.

BEAM, Circuit Judge.

Cary Nelson Rehbein appeals the district court's1 dismissal of his third federal petition for a writ of habeas corpus. We affirm.

I. BACKGROUND

In 1983, Rehbein pleaded guilty to murdering Carl Fisher during the course of a robbery. He was sentenced to life imprisonment. Rehbein did not appeal his conviction or the life sentence. Instead, in 1988, Rehbein filed a motion for postconviction relief in...

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