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NELSON v. FOTI

No. 82-3260. Summary Calendar.

707 F.2d 170 (1983)

Vernell NELSON, Petitioner-Appellant, v. Charles C. FOTI, Jr., Sheriff, and Attorney General, State of Louisiana, William J. Guste, Jr., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 12, 1983.

Attorney(s) appearing for the Case

Vernell Nelson, pro se.

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

Before BROWN, REAVLEY and JOLLY, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 12, 1983.

PER CURIAM:

Acting pro se, petitioner Vernell Nelson appeals the lower court's denial of relief on his ineffective assistance of counsel claim. Nelson was convicted of armed robbery and sentenced as a second offender to fifty years in the Louisiana penitentiary. We do not reach the merits of his appeal because the notice of appeal was not timely filed and such filing is mandatory to the exercise...

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