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LOGAN v. AUGER

Civ. No. 76-219-2.

428 F.Supp. 396 (1977)

John W. LOGAN, Petitioner, on behalf of Charles Homer McNabb, Relator, v. Calvin AUGER, Warden, Iowa State Men's Reformatory, Anamosa, Iowa, and Lynn Ford, Sheriff, Pottawattamie County, Iowa, Respondents.

United States District Court, S. D. Iowa, Central Division.

February 9, 1977.

Attorney(s) appearing for the Case

John W. Logan, Council Bluffs, Iowa, for relator.

Richard C. Turner, Atty. Gen. of Iowa, and Raymond W. Sullins, Asst. Atty. Gen. of Iowa, Des Moines, Iowa, for respondents.

INTRODUCTION

HANSON, Chief Judge.

The Court has before it a habeas corpus action in which Charles Homer McNabb challenges his five-year sentence as a non-accommodation deliverer of amphetamines pursuant to the Iowa Controlled Substances Act. Section 204.101 et seq., Code of Iowa (1975). In essence, McNabb's constitutional claim is that his right to due process was violated when, after pleading guilty to delivery of a controlled substance, he was forced...

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