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McQUEEN v. WHITLEY

No. 92-4815.

989 F.2d 184 (1993)

Enoch MCQUEEN, Plaintiff-Appellant, v. John P. WHITLEY, Warden, Louisiana State Penitentiary, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 19, 1993.

Attorney(s) appearing for the Case

Enoch McQueen, pro se.

Before JOHNSON, SMITH, and EMILIO M. GARZA, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

I.

Enoch McQueen was convicted of simple burglary in 1970 and served his nine-year sentence. In 1979, he was convicted of aggravated burglary, and the trial court enhanced his sentence based upon the 1970 conviction. McQueen challenges his sentence in the 1979 conviction, alleging it was improperly enhanced by the 1970 conviction.

McQueen previously attacked his 1979 conviction in a habeas corpus proceeding, alleging...

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