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PAYTON v. WHITLEY

No. 91-3144. Summary Calendar.

941 F.2d 1321 (1991)

Eldridge PAYTON, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 19, 1991.

Attorney(s) appearing for the Case

Eldridge Payton, pro se.

Martin L. Melton, Asst. Dist. Attys., Richard Michael Olsen, Orleans Parish Dist. Atty's Office, New Orleans, La., for respondent-appellee.

Before GARWOOD, HIGGINBOTHAM, and BARKSDALE, Circuit Judges.

PER CURIAM:

Eldridge Payton appeals an order denying his petition for habeas corpus without an evidentiary hearing. Finding that Payton failed to raise a genuine issue of fact in support of the petition, we affirm.

I.

A Louisiana jury convicted Eldridge Payton of attempted armed robbery in 1973. Under the Louisiana statutes then in effect, armed robbery carried a maximum sentence of 99 years imprisonment, and attempted armed robbery a maximum sentence...

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