LaMERE v. RISLEY

No. 85-3928.

827 F.2d 622 (1987)

Gary LaMERE, Petitioner-Appellant, v. Henry RISLEY, Warden, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided September 10, 1987.


Attorney(s) appearing for the Case

Anthony Roth, San Francisco, Cal., for petitioner-appellant.

Robert Smith, Helena, Mont., for defendant-appellee.

Before WALLACE, FLETCHER and BRUNETTI, Circuit Judges.


WALLACE, Circuit Judge:

LaMere, a Montana state prisoner, appeals the district court's dismissal of his petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

I

On October 3, 1981, two masked gunmen robbed the occupants of the Dumas Rooms, a hotel in Butte, Montana. LaMere and another person were subsequently convicted of robbery and felony theft. See State v. Madera, 670...

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