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JOHNSON v. DEES

No. 78-8318.

581 F.2d 1166 (1978)

Hank JOHNSON, Petitioner, v. Hayden J. DEES, Warden, Dixon Correctional Institute, Respondent.

United States Court of Appeals, Fifth Circuit.

October 10, 1978.

Attorney(s) appearing for the Case

Hank Johnson, pro se.

William J. Guste, Jr., Atty. Gen. of Louisiana, C. D., New Orleans, La., Barbara B. Rutledge, Asst. Atty. Gen., New Orleans, La., Brian G. Meissner, New Orleans, La., for respondent.

Before GEE, TJOFLAT and FAY, Circuit Judges.

PER CURIAM:

Johnson appeals the denial of relief under 28 U.S.C. § 2254, claiming that his guilty plea to a Louisiana court was involuntary because he was not informed of one possible consequence of it. Though he was advised of the maximum sentence (20 years) and sentenced to eight, he was not advised that as a multiple, serious offender he might be denied time off for good behavior. Subsequent to the plea the state moved the court to deny him such credit, and...

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