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WATSON v. BLACKBURN

No. 86-3620.

798 F.2d 872 (1986)

Willie WATSON, Jr., Petitioner-Appellant, v. Frank BLACKBURN, Warden, and the State of Louisiana, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 2, 1986.

Attorney(s) appearing for the Case

Ralph S. Whalen, Jr., New Orleans, La., Jed Stone, Waukegan, Ill., for petitioner-appellant.

William J. Guste, Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., New Orleans, La., Harry J. Morel, Jr., Dist. Atty., Kurt F. Sins, Asst. Dist. Atty., Hahnville, La., for respondent-appellee.

Before GEE, JOHNSON and W. EUGENE DAVIS, Circuit Judges.

GEE, Circuit Judge:

Watson's appeal raises one issue only, a claim of discrimination in the imposition of the death penalty on blacks who murder whites. We agree with the district court that Wicker v. McCotter, 798 F.2d 155 (5th Cir.1986) represents the law of our Circuit and forecloses his claim. As a panel of our Court, we are bound to follow that law until the Supreme Court or our Court, sitting en banc, changes it.

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