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DUPUY v. BUTLER

No. 87-3153.

837 F.2d 699 (1988)

Kenneth Wayne DUPUY, Petitioner-Appellant, v. Robert H. BUTLER, Sr., Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 17, 1988.

Attorney(s) appearing for the Case

Helen Ginger Berrigan, New Orleans, La., for petitioner-appellant.

E. Kay Kirkpatrick, Asst. Dist. Atty., Baton Rouge, La., for respondent-appellee.

Before SNEED, and REAVLEY, and JOHNSON, Circuit Judges.

PER CURIAM:

State prisoner Kenneth Wayne Dupuy applies for habeas corpus relief under 28 U.S.C. § 2254, arguing that his so-called split-sentence is a violation of Louisiana state criminal sentencing procedure amounting to a due process violation under the federal constitution according to the teachings of Hicks v. Oklahoma.1 We do not decide whether Dupuy's split-sentence does or does not violate state law. Instead, we shall...

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