UNITED STATES EX REL. RIGSBEE v. PARKINSON

No. Civ. 75-4072.

407 F.Supp. 1019 (1976)

UNITED STATES of America ex rel. William Alton RIGSBEE, Jr., Petitioner, v. J. D. PARKINSON, Warden, South Dakota Penitentiary, Sioux Falls, South Dakota, Respondent.

United States District Court, D. South Dakota, S. D.

February 19, 1976.


Attorney(s) appearing for the Case

Keith Strange, Sioux Falls, S. D., for petitioner.

Marc Weber Tobias, Asst. Atty. Gen., Pierre, S. D., for respondent.


MEMORANDUM DECISION

NICHOL, Chief Judge.

Petitioner has applied for a writ of habeas corpus pursuant to 28 U.S.C. Section 2254 (1970). He presently is confined in the South Dakota Penitentiary by order of the Circuit Court, Third Judicial Circuit, Codington County, South Dakota. A sentence of two years was imposed upon his conviction of possession of marijuana in an amount greater than one ounce.

The circumstances leading to this petition may be...

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