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BUIE v. SULLIVAN

No. 439, Docket No. 90-2145.

923 F.2d 10 (1990)

David Arthur BUIE, Plaintiff-Appellant, v. James E. SULLIVAN, Superintendent of Ossining Correctional Facility, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 28, 1990.

Attorney(s) appearing for the Case

Philip L. Weinstein, New York City, for plaintiff-appellant.

Terence J. Sweeney, Asst. Dist. Atty. (Robert T. Johnson, Dist. Atty., Peter D. Coddington, of counsel), for defendant-appellee.

Before NEWMAN and PRATT, Circuit Judges, GRIESA, District Judge for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

David Arthur Buie, a New York State prisoner, appeals from an order of the United States District Court for the Southern District of New York, Robert L. Carter, Judge, denying Buie's petition for a writ of habeas corpus under 28 U.S.C. § 2254.

Buie claims that the arrest of Erwin Canady during Buie's state trial for robbery was intentionally timed by the prosecutor to prevent Canady from giving exculpatory testimony...

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