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WATSON v. UNITED STATES

No. 73-1094.

484 F.2d 34 (1973)

Steve S. WATSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 1973.

Attorney(s) appearing for the Case

Robert L. McHaney, Atlanta, Ga. (Court-Appointed), for petitioner-appellant.

John W. Stokes, Jr., U. S. Atty., Anthony M. Arnold, Asst. U. S. Atty., Atlanta, Ga., for respondent-appellee.

Before GOLDBERG, CLARK and RONEY, Circuit Judges.

RONEY, Circuit Judge:

We hold that Peters v. Kiff, 407 U.S. 493, 92 S.Ct. 2163, 33 L.Ed.2d 83 (1972), is not to be applied retroactively. The Supreme Court there held that a white person indicated and convicted by juries from which black persons were systematically excluded is entitled to have the conviction set aside without a showing of actual bias.

Steve S. Watson, a white male, was convicted of rape on a Government reservation...

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