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EVERY v. BLACKBURN

No. 85-3329. Summary Calendar.

781 F.2d 1138 (1986)

Royal A. EVERY, Petitioner-Appellant, v. Frank C. BLACKBURN, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 5, 1986.

Attorney(s) appearing for the Case

Royal A. Every, pro se.

Harry Connick, Dist. Atty., Julia S. Coley, Judith Brewster, Asst. Dist. Atty., New Orleans, La., for respondent-appellee.

Before CLARK, Chief Judge, and WILLIAMS, and HIGGINBOTHAM, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In his petition for habeas relief under 28 U.S.C. § 2254, a Louisiana prisoner serving a life sentence for possession of heroin with intent to distribute alleges that the state trial court failed to consider discretionary alternatives when originally sentencing him in 1975 and again when resentencing him in 1980, thereby violating his right to due process. Finding evidence in the record that the state court judge was aware...

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