ANDERSON v. JONES

No. 84-3001 Summary Calendar.

743 F.2d 306 (1984)

Diana Batiste ANDERSON, Petitioner-Appellant, v. Johnny JONES, Warden, Louisiana Correctional Institute for Women, et al., Respondents-Appellees. West ANDERSON, Petitioner-Appellant, v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary, et al., Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

October 9, 1984.


Attorney(s) appearing for the Case

Diana Batiste Anderson, pro se.

West Anderson, pro se.

Beryl M. McSmith, Susan Scott Hunt, Asst. Dist. Attys., New Orleans, La., for respondents-appellees.

Before REAVLEY, POLITZ and HIGGINBOTHAM, Circuit Judges.


POLITZ, Circuit Judge:

Diane Batiste Anderson and West Anderson appeal the district court's denial of federal habeas relief, 28 U.S.C. § 2254. The district court examined the state record; no evidentiary hearing was conducted. Concluding that the Andersons are entitled to an evidentiary hearing to determine the sentencing judge's understanding of the range of sentencing discretion accorded him by Louisiana law, we reverse and remand.

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