Court of Appeals for the Eighth Circuit September 22, 1982, 81-2428 (Mark Winckler v. Herman Solem, Warden, South Dakota State Penitentiary and Mark v. Meierhenry, Attorney General, State of South Dakota)

PER CURIAM.

Mark Winckler was convicted of assaulting a law enforcement officer in violation of S. D. Codified Laws Ann. § 22-18-1.1(3). He appealed his conviction to the South Dakota Supreme Court, and it was affirmed.

State v. Winckler,

286 N.W.2d 313

*595

(S.D.1979). He then filed a motion for writ of habeas corpus pursuant to 28 U.S.C.