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MASSEY v. BALKCOM

No. 80-7554 Summary Calendar.

642 F.2d 157 (1981)

Dee Wayne MASSEY, Petitioner-Appellant, v. Charles BALKCOM, Arthur K. Bolton, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B

April 9, 1981.

Attorney(s) appearing for the Case

Dee Wayne Massey, pro se.

John W. Dunsmore, Jr., Asst. Atty. Gen., Atlanta, Ga., for respondents-appellees.

Before HILL, FAY and ANDERSON, Circuit Judges:

PER CURIAM:

Dee Wayne Massey, a state prisoner, appeals from the district court's dismissal of his habeas corpus petition. See 28 U.S.C. § 2254 (1976). Massey argues that he was unconstitutionally resentenced after his death sentence was vacated in light of the United States Supreme Court's decision in Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed. 346 (1972).

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