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GUICE v. FORTENBERRY

No. 80-3350.

633 F.2d 699 (1980)

Billy GUICE and Howard Claxton, Sr., Petitioners-Appellants, v. Ray FORTENBERRY, Superintendent, East Carroll Parish Prison Farm, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 29, 1980.

Attorney(s) appearing for the Case

George M. Strickler, Jr., New Orleans, La., Samuel Thomas, Tallulah, La., for petitioners-appellants.

James Caldwell, Dist. Atty., Tallulah, La., for respondent-appellee.

Before THORNBERRY, GEE and REAVLEY, Circuit Judges.

REAVLEY, Circuit Judge:

This is an appeal from a denial of a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241. In October of 1979, Billy Guice and Howard Claxton were convicted of "unlawful use of a moveable," a misdemeanor, in violation of La.Rev.Stat.Ann. § 14:68 (West 1974), which is a lesser included offense of theft under Louisiana law. State v. Reeves, 342 So.2d 605 (La.1977). Each petitioner...

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