Mark A. Schumacher v. Frank X. Hopkins, Warden, Nebraska State Penitentiary

BEAM, Circuit Judge.

In 1990, a jury found Mark Schumacher guilty of first degree sexual assault, two counts of first degree false imprisonment, and two counts of using a firearm to commit á felony. During his sentencing, he was classified as a nontreatable mentally disordered sex offender. His state court appeal and postconviction actions were unsuccessful. Schumacher then filed a petition for habeas corpus under 28 U.S.C. § 2254 in federal district court, alleging that ineffective assistance of counsel rendered his sentencing classification invalid. The district court 1 denied the petition…