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PRESTON v. DELO

No. 95-3652.

100 F.3d 596 (1996)

Elroy PRESTON, Appellant, v. Paul K. DELO, Warden, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 14, 1996.

Rehearing and Suggestion for Rehearing Denied January 29, 1997.

Attorney(s) appearing for the Case

Janis C. Good, St. Louis, MO, argued, for appellant.

Stephen D. Hawke, Asst. Atty. Gen., Jefferson City, MO, argued, for appellee.

Before WOLLMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied January 29, 1997.*

WOLLMAN, Circuit Judge.

Elroy Preston, a Missouri inmate sentenced to death, appeals from the district court's1 denial of his 28 U.S.C. § 2254 petition. We affirm.

I.

After a day of drinking and arguing at the home of Ervin Preston on September 20, 1980, Willie...

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