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SMITH v. BLACKBURN

No. 85-3601 Summary Calendar.

785 F.2d 545 (1986)

Herman SMITH, Jr., Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Decided March 24, 1986.

Attorney(s) appearing for the Case

Robert F. Barnard, Appellate Federal Public Defender, New Orleans, La., for petitioner-appellant.

J. Abbott Reeves, Asst. Dist. Atty., Gretna, La., Aubert D. Talbot, Dist. Atty., 23rd Judicial Dist. of La., Napoleonville, La., for respondent-appellee.

Before RUBIN, REAVLEY, and HILL, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Herman Smith, a prisoner for the last 20 years at Angola Penitentiary, contends in this habeas corpus petition that the state's failure to release him after he had served ten and one-half years of his life sentence for aggravated rape, pursuant to a guilty plea, constitutes a violation of the plea bargain he entered into and thus invalidates and renders involuntary his plea. The district court disagreed and dismissed his petition with...

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