Donald Lee Tate v. William M. Armontrout, Warden, Missouri State Penitentiary

FLOYD R. GIBSON, Senior Circuit Judge.

Donald Lee Tate appeals denial of his habeas corpus petition by the district court’s 1 order adopting the recommendations of the magistrate. 2 Tate invoked double jeopardy and due process to support his petition, arguing that Missouri’s enhanced sentencing procedures had an unconstitutional effect in his case. Finding no constitutional infirmity in Tate’s sentencing, we affirm.

I. BACKGROUND

In 1981, Tate was charged with forcible rape, forcible sodomy, first degree burglary, first degree robbery (all stemming from the same incident), and being a prior and…