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DE LA GARZA v. FABIAN

No. 08-2027.

574 F.3d 998 (2009)

Cesar DE LA GARZA, Petitioner-Appellant, v. Joan FABIAN, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 31, 2009.

Attorney(s) appearing for the Case

Paul C. Engh, argued, Minneapolis, MN, for appellant.

James Bennet Early, AAG, argued, St. Paul, MN, Tibor M. Gallo, on the brief, for appellee.

Before LOKEN, Chief Judge, BYE, Circuit Judge, and MILLER, District Judge.

MILLER, District Judge.

We affirm the district court's order2 denying the petition for writ of habeas corpus of appellant Cesar de la Garza. De la Garza, who was convicted of second degree murder by a Kandiyohi County, Minnesota jury, petitioned the district court for habeas relief asserting, among other things, that he was denied his Sixth Amendment right to counsel because jail officials did not permit him to communicate with his attorney...

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