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HARDY v. CALLAHAN

No. 80-1070.

634 F.2d 646 (1980)

Andre HARDY, Petitioner-Appellant, v. William CALLAHAN, Respondent-Appellee.

United States Court of Appeals, First Circuit.

Decided November 12, 1980.

Attorney(s) appearing for the Case

Willie J. Davis, Boston, Mass., for petitioner-appellant.

Marilyn L. Hotch, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., and Barbara A. H. Smith, Asst. Atty. Gen., Chief, Crim. Appellate Div., Boston, Mass., were on brief, for respondent-appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, WYZANSKI, Senior District Judge.

BOWNES, Circuit Judge.

The issue on this appeal is whether the district court erred in dismissing appellant Andre Hardy's petition for habeas corpus review of his state court conviction. For the reasons stated below, we affirm.

Andre Hardy was indicted and tried in the state courts of the Commonwealth of Massachusetts for distributing heroin. His first trial ended in a mistrial due to a hung jury. Hardy was convicted on retrial. He was also found guilty of...

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