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MUHLEISEN v. IEYOUB

No. 97-30622.

168 F.3d 840 (1999)

Alan MUHLEISEN, Petitioner-Appellant, v. Richard P. IEYOUB, Attorney General, State of Louisiana; Burl Cain, Warden, Louisiana State Penitentiary, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

March 2, 1999.

Attorney(s) appearing for the Case

Alan Muhleisen, Angola, LA, pro se.

Joseph Edward Lucore, New Orleans, LA, for Respondents-Appellees.

Before POLITZ, EMILIO M. GARZA and STEWART, Circuit Judges.

STEWART, Circuit Judge:

The opinion reported at Muhleisen v. Ieyoub, 163 F.3d 319 (5th Cir.1999) is withdrawn, and the opinion below is substituted in all respects for the withdrawn opinion.

Alan Muhleisen appeals the district court's decision to dismiss with prejudice his petition for a writ of habeas corpus. Muhleisen was convicted in Louisiana state court of one count of first degree murder on March 11, 1976. On appeal, Muhleisen contends that the...

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