Gary M. Holmberg v. Robert F. Parratt, as Warden of the Nebraska Penal and Correctional Complex

LAY, Circuit Judge.

Petitioner Gary Holmberg was convicted in a Nebraska state court of possession of marijuana with intent to distribute, deliver or dispense; of possession of amphetamines; and of possession of cocaine. He was sentenced to a term of one year and *746fined. Upon appeal to the Supreme Court of Nebraska he urged that his Fourth Amendment rights against illegal search and seizure had been violated. The court rejected this argument and affirmed the conviction. State v. Holmberg, 194 Neb. 337, 231 N.W.2d 672 (1975) (McCown, J., dissenting).

Petitioner then sought and was granted a writ…