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ASHE v. STYLES

Nos. 94-6545, 94-6573.

39 F.3d 80 (1994)

Lloyd C. ASHE, Petitioner-Appellee, v. Phillip STYLES, Superintendent of the State of North Carolina; Michael F. Easley, Attorney General of the State of North Carolina, Respondents-Appellants. Lloyd C. ASHE, Petitioner-Appellant, v. Phillip STYLES, Superintendent of the State of North Carolina; Michael F. Easley, Attorney General of the State of North Carolina, Respondents-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided November 4, 1994.

Attorney(s) appearing for the Case

ARGUED: Clarence Joe DelForge, III, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, for appellants. James Lee Blomeley, Jr., Murphy, NC, for appellee. ON BRIEF: Michael F. Easley, Atty. Gen. of North Carolina, North Carolina Dept. of Justice, Raleigh, NC, for appellants.

Before ERVIN, Chief Judge, MURNAGHAN, Circuit Judge, and PHILLIPS, Senior Circuit Judge.

Reversed and remanded by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge MURNAGHAN and Senior Judge PHILLIPS joined.

OPINION

ERVIN, Chief Judge:

Lloyd Ashe, a North Carolina inmate, brought this habeas corpus proceeding to challenge the sentence he received under his guilty plea to a state second-degree murder charge, contending that the sentence imposed did not comport with the terms of the plea agreement and thus that his...

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