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BLACKMON v. WAINWRIGHT

No. 78-2570.

608 F.2d 183 (1979)

Melvin J. BLACKMON, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary, Department of Offender Rehabilitation, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 17, 1980.

Attorney(s) appearing for the Case

Thomas G. Murray, Asst. Public Defender, Miami, Fla., for petitioner-appellant.

Joel D. Rosenblatt, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before FAY, RUBIN and HATCHETT, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 17, 1980.

PER CURIAM:

Melvin Blackmon appeals the district court's denial of his petition for a writ of habeas corpus. He contends that he was penalized for exercising his Sixth Amendment right to a jury trial by the imposition of a 101 year sentence after he turned down what he views as a proffered plea bargain of 50 years made by the state trial judge prior to trial...

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