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KERNS v. AULT

No. 04-1195.

408 F.3d 447 (2005)

Robert William KERNS, Appellant, v. John AULT, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: May 17, 2005.

Attorney(s) appearing for the Case

Thomas J. Clarke, Des Moines, IA, argued, for appellant.

Robert P. Ewald, Asst. Atty. Gen., Des Moines, A, argued, for appellee.

Before SMITH, BEAM, and BENTON, Circuit Judges.

BEAM, Circuit Judge.

In this habeas corpus case, Robert Kerns appeals the district court's dismissal of his 28 U.S.C. § 2254 petition. Because we agree that his claim is procedurally defaulted, we affirm.

I. BACKGROUND

An associate of Kerns mugged a man, using a knife or razor1 as a weapon, and stole the man's laptop computer. Kerns then participated in the theft by pawning the laptop. Later, Kerns held up a series...

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