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BAILEY v. MAPES

No. 03-1212.

358 F.3d 1002 (2004)

Loren David BAILEY, Petitioner-Appellant, v. Terry MAPES, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: March 2, 2004.

Attorney(s) appearing for the Case

Michael J. Carroll, argued, West Des Moines, IA, for appellant.

Robert P. Ewald, Assistant Attorney General, Des Moines, IA, for appellee.

Before BYE, JOHN R. GIBSON, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

I. BACKGROUND

Bailey was pulled over by a police officer for speeding and for having a missing tail light on February 16, 1997. Upon searching the vehicle, the officer found drug paraphernalia and methamphetamine. No motion to suppress was filed. Bailey was charged and convicted in the Iowa district court of possession with intent to deliver methamphetamine. He was sentenced to ten years in prison.

On direct appeal, Bailey...

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