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ALLEN v. HENDERSON

No. 29110.

434 F.2d 26 (1970)

Alvin ALLEN, Plaintiff-Appellant, v. C. Murray HENDERSON, Warden, Louisiana State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

November 3, 1970.

Attorney(s) appearing for the Case

Sylvia Roberts, Baton Rouge, La., for plaintiff-appellant.

Fred L. Jackson, Asst. Dist. Atty., Homer, La., for defendant-appellee.

Before BELL, THORNBERRY, and CLARK, Circuit Judges.

BELL, Circuit Judge:

This appeal is from the denial of habeas corpus relief to a Louisiana state prisoner. The petition asserted only one claim, that appellant was not given credit for time served on a previously voided illegal sentence when a second sentence was imposed on the same charge. This, it was urged, violated the Fifth Amendment double jeopardy clause teaching of North Carolina v. Pearce, 1969, 395 U.S. 711, 89 S.Ct. 2072...

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