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CROSS-BEY v. GAMMON

No. 02-1855.

322 F.3d 1012 (2003)

Bernard CROSS-BEY, Appellee, v. James A. GAMMON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: March 12, 2003.

Rehearing Denied April 3, 2003.

Attorney(s) appearing for the Case

Cassandra K. Dolgin, argued, Asst. Atty. Gen., Jefferson City, MO, for appellant.

Barbara Ann Fears, argued, St. Louis, MO, for appellee.

Before HANSEN, Chief Judge, BEAM and SMITH, Circuit Judges.

HANSEN, Circuit Judge.

The district court granted Bernard Cross-Bey's petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. James A. Gammon, the Supervisor of the Moberly Correctional Center (hereinafter "the State"), appeals the district court's denial of his motion to dismiss as well as the grant of the writ of habeas corpus. We reverse the judgment of the district court.

I.

In March 1992, Cross-Bey pleaded guilty in state...

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