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McCARTHY v. U.S.

No. 01-17021. Non-Argument Calendar.

320 F.3d 1230 (2003)

John M. McCARTHY, Jr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

February 6, 2003.

Attorney(s) appearing for the Case

Laura Ann Griffin, Ponte Vedra Beach, FL, for Petitioner-Appellant.

Roberta Josephina Tylke, Asst. U.S. Atty., Orlando, FL, David Paul Rhodes, Tampa, FL, for Respondent-Appellee.

Before ANDERSON, BARKETT and WILSON, Circuit Judges.

ANDERSON, Circuit Judge:

John M. McCarthy, Jr., a federal prisoner, appeals the district court's dismissal of his petition seeking habeas corpus relief.

I. BACKGROUND

In 1988, McCarthy pled no contest to three counts of sale of cocaine in state court in Lee County, Florida. McCarthy did not directly appeal or initially file any state or federal post-conviction petitions. In 1989, McCarthy was indicted in federal court on charges relating to firearms...

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