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OYLER v. ALLENBRAND

No. 91-3121-DES.

815 F.Supp. 1441 (1993)

Jimmie D. OYLER, Petitioner, v. Fred ALLENBRAND, et al., Respondents.

United States District Court, D. Kansas.

As corrected by nunc pro tunc order March 25, 1993.

Attorney(s) appearing for the Case

Pamela S. Thompson, Stratford, CT, for petitioner.

Susan G. Stanley, Office of the Atty. Gen., Dept. of Animal Health, Topeka, KS, for respondents.

MEMORANDUM AND ORDER

SAFFELS, Senior District Judge.

This matter comes before the court on a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Petitioner, who is not incarcerated, but was on probation at the time he filed this petition, was convicted of three counts of possession of more than 200 cigarettes without the required tax indicia in violation of K.S.A. 79-3321 and K.S.A. 79-3322 and three counts of the sale of cigarettes...

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