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GENTER v. WAINWRIGHT

No. 81-5900 Non-Argument Calendar.

678 F.2d 934 (1982)

Edward Charles GENTER, II, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Secretary Dept. of Corrections, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 14, 1982.

Attorney(s) appearing for the Case

Edward Charles Genter, II, pro se.

Alan T. Lipson, Asst. Atty. Gen., Miami, Fla., for respondent-appellee.

Before HILL, VANCE and HATCHETT, Circuit Judges.

PER CURIAM:

State prisoner, Edward Charles Genter, II appeals from the district court's dismissal, without prejudice, of his petition under 28 U.S.C. § 2254 for a writ of habeas corpus. Genter's petition presents one claim — i.e., a fatal variance between the indictment and proof with respect to the conspiracy charge — that was not brought before the state courts. The former Fifth Circuit has held...

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