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STEWARD v. CAIN

No. 00-30931.

259 F.3d 374 (2001)

Michael Steward, Petitioner-Appellee, v. Burl Cain, Warden, Louisiana State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

July 20, 2001.

Attorney(s) appearing for the Case

Michael Steward, Angola, LA, pro se.

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

Before GARWOOD, HALL and BARKSDALE, Circuit Judges.

GARWOOD, Circuit Judge:

Respondent-appellant Burl Cain, Warden, Louisiana State Penitentiary, (Louisiana) appeals the district court's grant of petitioner-appellee Michael Steward's petition for writ of habeas corpus. We reverse.

Facts and Proceedings Below

In September 1987, Steward was convicted of first-degree robbery and sentenced to forty years in prison. The jury in Steward's trial was given an instruction indistinguishable from that this Court...

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