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McCRAE v. BLACKBURN

No. 85-3426.

793 F.2d 684 (1986)

William L. McCRAE, Petitioner-Appellant, v. Frank BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 3, 1986.

Attorney(s) appearing for the Case

Herbert V. Larson, Jr., John T. Mulvehill, Federal Public Defender, New Orleans, La., for petitioner-appellant.

Dorothy A. Pendergast, Asst. Dist. Atty., Gretna, La., Joseph E. Kopsa, Asst. Atty. Gen., Baton Rouge, La., John M. Mamoulides, Dist. Atty., Elizabeth Gaudin, Asst. Dist. Atty., Gretna, La., for respondent-appellee.

Before CLARK, Chief Judge, JOLLY and HILL, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this appeal from a denial of habeas corpus, William McCrae argues that he was denied due process of law when a state court judge relied in part on erroneous information in imposing sentence on McCrae. McCrae contends that there were constitutionally significant errors in his presentence investigation report and that these errors resulted in the trial judge's imposing a sentence twenty years longer on McCrae than on his codefendant...

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