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MARSHALL v. CABANA

No. 86-4697.

835 F.2d 1101 (1988)

Meylert Q. MARSHALL, Plaintiff-Appellant, v. Donald A. CABANA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 7, 1988.

Attorney(s) appearing for the Case

John G. Jones, Jackson, Miss., (court-appointed), for plaintiff-appellant.

Donald G. Barlow, Asst. Atty. Gen., Edwin Lloyd Pittman, Atty. Gen., Jackson, Miss., for defendants-appellees.

Before CLARK, Chief Judge, JOLLY and JONES, Circuit Judges.

PER CURIAM:

Meylert Q. Marshall pled guilty to armed robbery. The court imposed a sentence of 25 years but suspended all except three years of the term of imprisonment and imposed a five-year term of probation. After Marshall had served his sentence while he was on probation he pled guilty to violating the terms of his probation. He was ordered to serve six additional years in prison. He now seeks habeas corpus relief on the ground that the sentencing judge had no...

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