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No. 94-3749 ___________

Clarence A. Friend, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Paul Delo, * * [UNPUBLISHED] Appellee. * ___________

Submitted: November 7, 1995

Filed: December 14, 1995 ___________

Before FAGG, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________

PER CURIAM.

Clarence A. Friend, a state prisoner, was convicted by a jury of first degree assault, and was sentenced to 25 years imprisonment. His conviction was affirmed on direct appeal, and the denial of his motion for postconviction relief also was affirmed. See State v. Friend, 822 S.W.2d 938, 945 (Mo. Ct. App. 1991); Friend v. State, 866 S.W.2d 496, 496-98 (Mo. Ct. App. 1993). Friend then filed a 28 U.S.C. § 2254 petition for habeas corpus relief in the district court.1 The district court denied the petition without an evidentiary hearing, and Friend appeals.

After careful review of the record before us and the brief filed on behalf of Friend by appointed counsel, we conclude that the district court correctly dismissed Friend's petition.

1 The HONORABLE RUSSELL G. CLARK, United States District Judge for the Western District of Missouri. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

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

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