Michael James Brouillette v. Warden Frank W. Wood Attorney General of State of Minnesota, Warren Spannaus

HEANEY, Circuit Judge.

I

This is an appeal from an order of the United States District Court for the District of Minnesota denying the petitioner relief under 28 U.S.C. § 2254. We affirm the order of the district court.

The petitioner was charged with criminal sexual conduct in the fourth degree, Minn. Stat. § 609.345(c), on March 3, 1977. The charge arose out of an incident that occurred on the St. Cloud State University campus. On February 1,1977, at 2:00 a. m., the petitioner was observed standing at the doorway of the “women’s” restroom on the fourth floor of Holes Hall. 1 A female student…