WINFREY v. MAGGIO

No. 80-3048.

664 F.2d 550 (1981)

Larry J. WINFREY, Plaintiff-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied January 29, 1982.


Attorney(s) appearing for the Case

James J. O'Connor, New Orleans, La. (Court-appointed), for plaintiff-appellant.

J. Kevin McNary, Asst. Dist. Atty., New Orleans, La., for defendant-appellee.

Before THORNBERRY, REAVLEY and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

Claiming ineffective assistance of counsel and an unconstitutionally disproportionate sentence, Larry J. Winfrey seeks federal habeas corpus relief pursuant to 28 U.S.C. § 2254. We affirm the district court's denial of his application.

Winfrey was convicted in state court of possession of heroin with intent to distribute and sentenced to life imprisonment as mandated by the Louisiana statute, La.R.S. 40:966. A jointly tried co-defendant...

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