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COMPTON v. BUTLER

No. 88-3700 Summary Calendar.

883 F.2d 27 (1989)

Raymond COMPTON, Petitioner-Appellant, v. Robert H. BUTLER, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted October 30, 1989.

Attorney(s) appearing for the Case

Raymond Compton, Angola, La., pro se.

Sandra Pettle, Asst. Dist. Atty., Harry Connick, Dist. Atty., New Orleans, La., for respondent-appellee.

Before REAVLEY, JONES, and DUHE, Circuit Judges:

DUHE, Circuit Judge.

Appellant was convicted in Louisiana in 1976 of distribution of heroin and was sentenced to a term of life imprisonment without parole as provided by La.Rev.Stat. 40:966(B)(1). His conviction was affirmed on direct appeal and his application for state habeas corpus relief was denied. He sought federal habeas corpus relief alleging two grounds:

1. The "mandatory" life sentence for heroin distribution is disproportionately excessive and...

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