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ALVAREZ v. WAINWRIGHT

No. 74-2796.

522 F.2d 100 (1975)

Manuel Jesus ALVAREZ, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

October 29, 1975.

Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellant.

Edward R. Shohat, Donald I. Bierman, Miami, Fla., for petitioner-appellee.

Before BROWN, Chief Judge, and MURRAH and WISDOM, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Alvarez was convicted in a Florida state court of breaking and entering and grand larceny. Alvarez v. State, 261 So.2d 200 (3d D.C.A.Fla.App.), cert. denied, 266 So.2d 348 (Fla.1972). After denial of state post conviction relief, 287 So.2d 121 (3d D.C.A.Fla.App.1973), Alvarez sought a writ of habeas corpus in the United...

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