HOLLEY v. SMITH

No. 85-7673. Non-Argument Calendar.

792 F.2d 1046 (1986)

Johnny HOLLEY, Jr., Petitioner-Appellant, v. Freddie V. SMITH, Commissioner, and W.E. Johnson, Warden, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 30, 1986.


Attorney(s) appearing for the Case

Drake, Knowles & Pierce, Ralph I. Knowles, Jr., Sogol & Chandler, Joel Sogol, Tuscaloosa, Ala., Barry E. Friedman, Washington, D.C., for petitioner-appellant.

Joseph G.L. Marston, III, Asst. Atty. Gen., Montgomery, Ala., for respondents-appellees.

Before RONEY and HATCHETT, Circuit Judges, and HENDERSON, Senior Circuit Judge.


PER CURIAM:

Johnny Holley, Jr. was convicted of first degree robbery in Alabama and sentenced to life without parole pursuant to Alabama's Habitual Felony Offender Act. Denied habeas corpus relief from that sentence in the district court, Holley argues that he was entitled to an evidentiary hearing on the issue of proportionality under Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983).

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