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BEETS v. IOWA DEPT. OF CORRECTIONS SERVICES

No. 97-2898.

164 F.3d 1131 (1999)

Wendell A. BEETS, Appellant, v. IOWA DEPARTMENT OF CORRECTIONS SERVICES, Director; State of Iowa, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 8, 1999.

Rehearing and Suggestion for Rehearing Denied February 17, 1999.

Attorney(s) appearing for the Case

Jon M. Kinnamon, Cedar Rapids, IA, argued, for appellant.

Ann E. Brenden, Asst. Atty. Gen., Des Moines, IA, argued, for appellee.

Before BOWMAN, Chief Judge, RICHARD S. ARNOLD, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied February 17, 1999.

BOWMAN, Chief Judge.

Wendell A. Beets, who was convicted of assault with intent to commit sexual abuse in violation of Iowa Code § 709.11 (1991), appeals from the judgment of the District Court1 denying Beets's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1994). Beets argues the District Court erred in concluding that the state...

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