CHAVEZ v. WEBER

No. 06-2668.

497 F.3d 796 (2007)

Pedro Garcia CHAVEZ, also known as Alfredo Garcia Chavez, Petitioner/Appellant, v. Douglas L. WEBER, Warden, South Dakota State Penitentiary; Larry Long, Attorney General, State of South Dakota, Respondents/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 16, 2007.


Attorney(s) appearing for the Case

Gary G. Colbath, Jr., argued, Assistant Federal Public Defender, Rapid City, South Dakota (Jeffrey L. Viken, on the brief), for appellant.

Frank E. Geaghan, argued, Asst. Attorney General, Pierre, SD (Lawrence E. Long, on the brief), for appellee.

Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Pedro Garcia Chavez was convicted in South Dakota state court of two counts of possession of a controlled substance with intent to distribute and one count of possession of marijuana. He appeals from an order of the district court1 denying his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. We affirm.

We state the facts as found by the state trial court and recited by...

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