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GARCIA v. BERTSCH

No. 05-4378.

470 F.3d 748 (2006)

Barry Caesar GARCIA, Petitioner-Appellant, v. Leann K. BERTSCH, Director of the North Dakota Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 12, 2006.

Attorney(s) appearing for the Case

James G. Wolff, argued, Mohall, ND, for appellant.

Ken R. Sorenson, argued, Asst. Attorney General, Bismarck, ND, for appellee.

Before ARNOLD, BYE, and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Barry Caesar Garcia was convicted in North Dakota state court of murder and aggravated assault and was sentenced to life in prison without the possibility of parole with a concurrent five-year sentence. Garcia exhausted all of his state court remedies and then filed this habeas petition in federal district court. The district court1 denied his petition. Garcia is appealing three claims: violation of his Sixth Amendment...

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