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SWEET v. BENNETT

Docket No. 02-2055.

353 F.3d 135 (2003)

David SWEET, Petitioner-Appellant, v. Floyd BENNETT, Superintendent of Elmira Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 19, 2003.

Attorney(s) appearing for the Case

Alan F. Blakley, Blakley & Velk, Missoula, MT, for Appellant.

Sylvia Wade Josh, Assistant Attorney General, Attorney General's Office, State of New York, Rochester, NY, for Appellee.

Before: WALKER, Chief Judge, WINTER and F.I. PARKER, Circuit Judges.

Chief Judge WALKER concurs in a separate opinion.

F.I. PARKER, Circuit Judge.**.

Petitioner-appellant David Sweet appeals from the amended judgment of the United States District Court for the Western District of New York (Jonathan W. Feldman, Magistrate Judge)1 entered on January 15, 2002, denying his petition for habeas corpus relief pursuant to 28 U.S.C. § 2254. Sweet's petition was based...

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