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MERCADEL v. CAIN

No. 98-30042.

179 F.3d 271 (1999)

Peter MERCADEL, Petitioner-Appellant, v. Burl CAIN, Warden, Louisiana State Penitentiary; Richard P. Ieyoub, Attorney General, State of Louisiana, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

June 21, 1999.

Attorney(s) appearing for the Case

Peter Mercadel, Angola, LA, pro se.

Theresa A. Tamburo, Asst. Dist. Atty., New Orleans, LA, for Respondents-Appellees.

Before KING, Chief Judge, and REAVLEY and BENAVIDES, Circuit Judges.

PER CURIAM:

Peter Mercadel appeals the district court's denial of habeas relief on the merits of his claim that he was deprived of the effective assistance of counsel on direct appeal because his attorney filed only an errors-patent brief on his behalf. We conclude that Mercadel has failed to fairly present this claim to the Louisiana state courts, and therefore that he has failed to exhaust his state court remedies. We therefore vacate the district court's judgment...

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