GARRETT v. MAGGIO

No. 81-3615 Summary Calendar.

685 F.2d 158 (1982)

Billy Joe GARRETT, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary and William J. Guste, Jr., Attorney General of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

September 10, 1982.


Attorney(s) appearing for the Case

Billy Joe Garrett, pro se, and William Patrick Quigley (Court-Appointed), New Orleans, La., for petitioner-appellant.

John H. Craft, Asst. Dist. Atty., New Orleans, La., William G. Guste, Atty. Gen., Baton Rouge, La., for respondents-appellees.

Before GEE, RUBIN and WILLIAMS, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

A prisoner confined to the Louisiana State Penitentiary for twenty-three years, after pleading guilty to a charge of murder and being sentenced to life imprisonment, seeks habeas corpus because his plea was entered at a time when he could expect release after serving ten and one-half years, and Louisiana law and policy have since changed so that he has not been released. The petition is phrased...

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