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BOURGEOIS v. WHITLEY

No. 85-3175.

784 F.2d 718 (1986)

Derwin BOURGEOIS, Petitioner-Appellant, v. John P. WHITLEY, Warden, Hunt Correctional Center, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 17, 1986.

Attorney(s) appearing for the Case

Richard C. Stanley, (Court Appointed), New Orleans, La., for petitioner-appellant.

Timothy M. Warner, Homer T. Cox, Asst. Dist. Attys., New Orleans, La., for respondent-appellee.

Before JOHN R. BROWN, JOHNSON and E. GRADY JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Derwin Bourgeois, who is serving a twelve-year state sentence for burglary, appeals the district court's denial of his habeas corpus petition. He argues that the state court judge who sentenced him for the burglary was improperly influenced by Bourgeois' two unconstitutional convictions, and that he is entitled to resentencing. We agree.

I.

Bourgeois was convicted in 1978 by a six-person jury of three offenses: simple...

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