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GASTON v. WHITLEY

No. 94-41105.

67 F.3d 121 (1995)

Robert Lee GASTON, Petitioner-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 24, 1995.

Attorney(s) appearing for the Case

Robert Lee Gaston, Angola, LA, pro se.

Madeleine M. Slaughter, Dist. Atty.'s Office, Monroe, LA, for appellee.

Before GARWOOD, DUHÉ and PARKER, Circuit Judges.

ROBERT M. PARKER, Circuit Judge.

I. INTRODUCTION

Appellant Robert Lee Gaston ("Gaston") was convicted on April 28, 1981, of aggravated rape. He was sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence. The conviction and sentence were affirmed on direct appeal by the Louisiana Supreme Court.

Gaston sought a writ of habeas corpus in the United States District Court which was denied. He then filed an application...

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