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HENTZ v. HARGETT

No. 94-60404.

71 F.3d 1169 (1996)

Larry Shelton HENTZ, Petitioner-Appellant, v. Edward HARGETT, Superintendent, Mississippi State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 8, 1996.

Attorney(s) appearing for the Case

Stephen L. Henning, Bailey & Henning, Batesville, MS, for appellant.

Marvin L. White, Jr., Mike Moore, Atty. Gen., Jackson, MS, for appellee.

Before SMITH, BARKSDALE and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Larry Shelton Hentz (Hentz), a Mississippi state prisoner, appeals the district court's denial of his petition for federal habeas relief. 28 U.S.C. § 2254. The district court concluded that Hentz anticipatorily repudiated the plea agreement when he informed the prosecutor that his testimony would not comport with his prior statements. He argues that the State breached the plea agreement when it brought additional charges against him...

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