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PAYNE v. BROWN

No. 10-1869.

662 F.3d 825 (2011)

Gregory L. PAYNE, Petitioner-Appellant, v. Richard BROWN, Superintendent, Wabash Valley Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 10, 2011.

Attorney(s) appearing for the Case

David D. Pope , Attorney, Mayer Brown LLP, Chicago, IL, for Petitioner-Appellant.

Henry A. Flores, Jr. , Attorney, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee.

Before EASTERBROOK, Chief Judge, and MANION and ROVNER, Circuit Judges.

EASTERBROOK, Chief Judge.

When pleading guilty to four felony charges, Gregory Payne admitted that he had forcibly detained a 17-year-old boy— threatening to kill him if he resisted or tried to escape—and raped him in the anus. Charges that Payne had raped a 13-year-old boy were dismissed. The state judge sentenced him to 50 years in prison in light of his prior felony convictions. The sentence was affirmed on direct appeal, 838 N.E...

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