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JAMES v. CAIN

No. 93-3773.

56 F.3d 662 (1995)

Ronnie JAMES, Petitioner-Appellant, v. Burl CAIN, Acting Warden, Louisiana State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 20, 1995.

Attorney(s) appearing for the Case

John H. Craft (Court-appointed), Asst. Federal Public Defender, John T. Mulvehill, Federal Public Defender, New Orleans, LA, for appellant.

Terry Boudreaux, Leigh Anne Wall, Asst. Dist. Attys., Jefferson Parish Dist. Attorney's Office, Gretna, LA, for appellee.

Before LAY, DUHÈ and DeMOSS, Circuit Judges.

DeMOSS, Circuit Judge:

Petitioner Ronnie James brought this habeas corpus proceeding in the Eastern District of Louisiana claiming that his guilty plea to a second degree murder charge was involuntary due to his attorney misinforming him of the sentencing results of his plea bargain. For the reasons set forth below, we find that the district court erred in dismissing this suit without prejudice. Therefore, we reverse and remand to the district court for a determination...

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