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Gregory L. Payne v. Richard Brown, Superintendent

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ARGUED OCTOBER 5, 2011

Before EASTERBROOK, Chief Judge, and MANION and ROVNER, Circuit Judges.

When pleading guilty to four felony charges, Gregory Payne admitted that he had forcibly detained a 17-year-old boy–threatening to kill him if he resisted or tried to escape–and raped him in the anus. Charges that Payne had raped a 13-year-old boy were dismissed. The state judge sentenced him to 50 years in prison in light of his prior felony convictions. The sentence was affirmed on direct appeal, 838 N.E.2d 503 (Ind. App. 2005), and a collateral attack was re- jected, 905 N.E.2d 68 (Ind. App. 2009) (table).

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