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TERREBONNE v. BUTLER

No. 86-3403.

820 F.2d 156 (1987)

Ricky TERREBONNE, Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 1987.

Attorney(s) appearing for the Case

Michael Vitiello, Loyola Law School, New Orleans, La. (court-appointed), for petitioner-appellant.

Ricky Terrebonne, pro se.

John J. Molaison, Jr., Elizabeth M. Gaudin, Dorothy A. Pendergast, Asst. Dist. Atty., Research & Appeals, Gretna, La., for respondent-appellee.

Before GEE, REAVLEY, and JONES, Circuit Judges.

GEE, Circuit Judge:

This appeal resurrects an en banc controversy that divided our Court short years ago. See Terrebonne v. Blackburn, 646 F.2d 997 (5th Cir.1981). Nothing has changed since then except the Constitution: Solem v. Helm, 463 U.S. 277, 103 S.Ct. 3001, 77 L.Ed.2d 637 (1983) now requires us to determine whether Terrebonne's sentence is disproportionate to his crime. That it...

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