Gary Wickham v. Denis Dowd

MAGILL, Circuit Judge.

Denis Dowd, Superintendent of the Ozark Correctional Center, appeals the district court’s grant of Gary Wickham’s petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254(a). The district court granted Wickham’s petition on the ground that the state court’s imposition of a special probation condition that he not consume alcohol, revocation of his probation for the violation of that condition, and subsequent imposition of a previously suspended twenty-year sentence had the effect of punishing him solely because he was an alcoholic, in violation of the eighth…