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TERREBONNE v. BUTLER

No. 86-3403.

848 F.2d 500 (1988)

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

United States Court of Appeals, Fifth Circuit.

June 20, 1988.

Attorney(s) appearing for the Case

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

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

Before CLARK, Chief Judge, GEE, RUBIN, REAVLEY, POLITZ, KING, JOHNSON, WILLIAMS, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES and SMITH, Circuit Judges.

GEE, Circuit Judge:

Ricky Terrebonne's sentence to life imprisonment without parole for distributing heroin first came before a panel of our Court almost eight years ago. Since then, like some unquiet ghost, it has intermittently haunted our sessions.1 We now consider it for the fourth time, the second en banc.

Facts and Procedural History

The facts, as stated by Judge Rubin in his opinion for our former en banc...

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