Court of Appeals for the Fifth Circuit August 18, 1997, 95-31101 (Humphrey v. Cain)

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 95-31101

ELMO HUMPHREY, III,

Petitioner-Appellant,

v.

BURL CAIN, Acting Warden,

Louisiana State Penitentiary,

Respondent-Appellee.

Appeal from the United States District Court

For the Eastern District of Louisiana

August 14, 1997

Before HIGGINBOTHAM, SMITH, and BARKSDALE, Circuit Judges.

PATRICK E.