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LARRY BOOKER, PETITIONER-APPELLANT, v. JOHN JABE, WARDEN, KINROSS CORRECTIONAL FACILITY, RESPONDENT-APPELLEE.

PER CURIAM.

This appeal is before us on remand from the Supreme Court "for further consideration in light of Allen v. Hardy, ___ U.S. ___, 106 S.Ct. 2878, 92 L.Ed.2d 199 (1986) and Batson v. Kentucky, 476 U.S. ___, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986)." Michigan v. Booker, ___ U.S. ___, 106 S.Ct. 3289, 92 L.Ed.2d 705 (1986). We have reviewed those decisions and have determined that they do not affect our disposition of Booker v. Jabe, 775 F.2d 762 (6th Cir. 1985).

We therefore reinstate our previous opinion and judgment.

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BOOKER v. JABE
(Sep 26, 1986)