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BILLUPS v. GARRISON

No. 83-6105.

718 F.2d 665 (1983)

Waymare BILLUPS, Appellant, v. Samuel GARRISON, Warden; Attorney General of North Carolina, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 6, 1983.

Rehearing and Rehearing Denied January 30, 1984.

Attorney(s) appearing for the Case

Martha E. Johnston, Greensboro, N.C. (Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N.C., on brief), for appellant.

Richard N. League, Sp. Deputy Atty. Gen., Raleigh, N.C. (Rufus L. Edmisten, Atty. Gen. of N.C., Raleigh, N.C., on brief), for appellees.

Before HALL and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 30, 1984.

K.K. HALL, Circuit Judge:

North Carolina prisoner, Waymare Billups, appeals from an order of the district court, dismissing his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. Finding this appeal to be without merit, we affirm.

I.

On February 19, 1979, Isaac Lowe and his wife, Laura, both in their seventies, were robbed at gunpoint in their home. During...

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