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OLIVER v. DUGGER

No. 84-3474.

785 F.2d 949 (1986)

Allen Wayne OLIVER, Petitioner-Appellant, v. Richard DUGGER and Jim Smith, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 2, 1986.

Attorney(s) appearing for the Case

Allen Wayne Oliver, pro se.

A. Russell Smith, Jacksonville, Fla., for petitioner-appellant.

Barbara Ann Butler, Asst. Atty. Gen., Jacksonville, Fla., for respondents-appellees.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge, and SIMPSON, Senior Circuit Judge;

SIMPSON, Senior Circuit Judge:

In 1975, a Florida jury found Oliver guilty as charged on an information which contained three counts: burglary (count 1), assault (count 2) and possession of a firearm (count 3). He received two fifteen year consecutive sentences on the burglary and assault counts but the state trial judge imposed no sentence for the firearm possession offense. An appellate court affirmed the conviction without opinion. Oliver v. State,

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