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GRANT v. WHITE

No. 77-1948.

579 F.2d 48 (1978)

Freddie Lee GRANT, Appellant, v. Carl WHITE, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 6, 1978.

Attorney(s) appearing for the Case

Adian L. Steel, Jr., Coburn, Croft, Shepherd, Herzog & Putzell, St. Louis, Mo., argued and filed briefs for appellant.

J. Michael Davis, Asst. Atty. Gen., Jefferson City, Mo., argued, John D. Ashcroft, Atty. Gen., and Michael H. Finkelstein, Asst. Atty. Gen., Jefferson City, Mo., on brief, for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, LAY, Circuit Judge and MacLAUGHLIN, District Judge.

PER CURIAM.

In 1962 Freddie Lee Grant was convicted of rape after a jury trial in New Madrid County, Missouri. Pursuant to Missouri's Habitual Criminal Act, Mo.Rev.Stat. § 556.280, he was sentenced to 99 years imprisonment. Due to errors in the sentencing procedure, the Missouri Supreme Court vacated the sentence. State v. Grant, 380 S.W.2d 799 (Mo.1964). On remand, Grant was

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