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BASTIDA v. HENDERSON

No. 73-2399 Summary Calendar.

487 F.2d 860 (1973)

Leonard Jerome BASTIDA, Petitioner-Appellee, v. C. Murray HENDERSON, Warden, La. State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 14, 1974.

Attorney(s) appearing for the Case

Shirley G. Wimberly, Jr., Asst. Dist. Atty., La. Dept. of Justice, Crim. Div., G. Thomas Porteous, Jr., Asst. Atty. Gen., William J. Guste, Jr., Atty. Gen., S. J. Dileo, Jr., Sp. Counsel, Baton Rouge, La., for respondent-appellant.

George M. Strickler, Jr., New Orleans, La. (Court-appointed), for petitioner-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 14, 1974.

COLEMAN, Circuit Judge:

In this habeas corpus case the District Court granted Leonard Jerome Bastida habeas corpus relief, commanding the State of Louisiana either to retry him within 120 days or release him from custody. We reverse and remand with directions that the petition be dismissed.

Bastida had been convicted of armed robbery. The Supreme Court of Louisiana affirmed his conviction, State...

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