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SCOTT v. MAGGIO

No. 81-3515 Summary Calendar.

695 F.2d 916 (1983)

Irvin SCOTT, Jr., Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

January 20, 1983.

Attorney(s) appearing for the Case

W. Arthur Abercrombie, Jr., Baton Rouge, La. (court-appointed), for petitioner-appellant.

William Robert Campbell, Jr., Asst. Dist. Atty., New Orleans, La., for respondents-appellees.

Before BROWN, GEE and JOLLY, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The question is, did the District Court err in accepting the recommendation of a magistrate to deny Irvin Scott, a convicted armed robber, habeas relief pursuant to 28 U.S.C. § 2254?

The answer is no and we affirm.

The facts are these. Going about the quotidian affairs of his employment as a vending machine operator, Kenneth Oliver was robbed of his watch, wallet and keys at gunpoint1...

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