MOORE v. ROBERTS

No. 95-60126.

83 F.3d 699 (1996)

Garry Lee MOORE, Petitioner-Appellant, v. Raymond ROBERTS, Superintendent of Mississippi State Penitentiary; Michael C. Moore, Attorney General, State of Mississippi, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

May 10, 1996.


Attorney(s) appearing for the Case

Garry Lee Moore, Parchman, MS, pro se.

Jo Anne Mc Farland McLeod, Michael Cameron Moore, Attorney General, Office of the Attorney General for the State of Mississippi, Jackson, MS, for respondents-appellees.

Before WISDOM, EMILIO M. GARZA and PARKER, Circuit Judges.


EMILIO M. GARZA, Circuit Judge:

Petitioner Garry Lee Moore filed a habeas corpus petition pursuant to 28 U.S.C. § 2254(b) challenging several prior convictions which were used to enhance a new sentence. The district court rejected Moore's challenge as procedurally barred for untimeliness, and alternatively as being without merit. We affirm.

I

In 1991, Moore was convicted of burglary in a Mississippi...

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