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DANIELS v. MAGGIO

No. 81-3024.

669 F.2d 1075 (1982)

Ernest DANIELS, Plaintiff-Appellant, v. Ross MAGGIO, Jr., Warden, Angola Penitentiary, and The Attorney General of the State of Louisiana, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 12, 1982.

Attorney(s) appearing for the Case

Bruce C. Waltzer, New Orleans, La., for plaintiff-appellant.

John H. Craft, Asst. Dist. Atty., New Orleans, La., for defendants-appellees.

Before POLITZ and RANDALL, Circuit Judges, and PARKER, District Judge.

JOHN V. PARKER, District Judge:

Appellant, Ernest Daniels, was convicted in Louisiana state court in New Orleans of armed robbery in violation of LSA-R.S. 14:64 and, after a hearing in accordance with state law, was sentenced as a multiple offender to an enhanced sentence of 99 years without benefit of probation or parole. He appeals from the denial by the district court of his petition for habeas corpus. For reasons detailed below, we conclude that the district court...

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