Elroy Wabasha v. Joe Class

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 3, 1996
• Docket: 95-3454
• Status: Unpublished

Opinion

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No. 95-3454 ___________

Elroy Wabasha, * * Appellant, * * Appeal from the United States v. * District Court for the * District of South Dakota. Joe Class, Warden, South Dakota * State Penitentiary, * [UNPUBLISHED] * Appellee. *

Submitted: May 1, 1996

Filed: May 3, 1996 ___________

Before FAGG, BOWMAN, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Elroy Wabasha, a South Dakota prisoner, pleaded guilty to first- degree robbery, and was sentenced to fifteen years of imprisonment. The South Dakota Supreme Court affirmed the denial of his application for postconviction relief. Wabasha v. Leapley, 492 N.W.2d 610 (S.D. 1992). Wabasha then filed a 28 U.S.C. § 2254 (1994) petition for writ of habeas corpus in the District Court.1 The District Court denied the petition without an evidentiary hearing, and Wabasha appeals.

After careful review of the record before us and the parties' briefs, we conclude the District Court correctly denied Wabasha's petition. Accordingly, we affirm. See 8th Cir. R. 47B.

1 The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota. A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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