Unpublished Dispositiondonald E. Crowe, Sr., Petitioner-appellant, v. Dewey Sowders, Warden, Respondent-appellee, 833 F.2d 1011 (6th Cir. 1987)

Before ENGEL and CORNELIA G. KENNEDY, Circuit Judges, and POTTER, District Judge.^* 

ORDER

This case has been referred to a panel of the court pursuant to Rule 9(b) (5), Rules of the Sixth Circuit. Upon examination of the briefs and record, this panel agrees unanimously that oral argument is not needed. Fed. R. App. P. 34(a).

Petitioner filed this action for federal habeas corpus relief (28 U.S.C. § 2254) attacking the constitutionality of a 1981 conviction for third degree burglary enhanced as a second degree persistent felony offender. The district court ultimately dismissed the petition and this appeal followed. On appeal the parties have briefed the issues, petitioner proceeding pro se.

Upon consideration, we affirm for the reasons set forth in the district court's order entered May 8, 1987. Rule 9(b) (5), Rules of the Sixth Circuit.