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REED v. BUTLER

No. 88-3157.

866 F.2d 128 (1989)

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

United States Court of Appeals, Fifth Circuit.

February 21, 1989.

Attorney(s) appearing for the Case

William A. Marshall, Asst. Dist. Atty., Harry Connick, Dist. Atty., New Orleans, La., for respondent-appellant.

Milton Reed, Angola, La., pro se.

Before CLARK, Chief Judge, GARZA and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

In 1977, Milton Reed staged a holdup armed with a toy pistol. He was convicted of armed robbery under Louisiana Revised Statutes 14:64 and sentenced to imprisonment for 30 years without benefit of parole, probation, or suspended sentence. Invoking 28 U.S.C. § 2254, Reed sought habeas corpus relief, claiming that he was not armed with a dangerous weapon at the time of the robbery. The district court...

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