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JONES v. CAIN

No. 99-30564.

227 F.3d 228 (2000)

Derrick JONES, Petitioner-Appellant, v. Burl CAIN, Warden, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 6, 2000.

Attorney(s) appearing for the Case

Derrick Jones, Cottonport, LA, pro se.

Valentin Michael Solino, New Orleans, LA, for Respondent-Appellee.

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

POLITZ, Circuit Judge:

Upon reconsideration, we withdraw our previous opinion in this matter, reported at 218 F.3d 469, and substitute the following.

BACKGROUND

Derrick Jones appeals the rejection of his 28 U.S.C. § 2254 petition in which he claimed ineffective assistance of counsel in his state court trial. Jones was convicted by a jury of two counts of armed robbery. He was acquitted of one count each of armed robbery, attempted armed robbery...

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