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CASIAS v. BETO

No. 71-3165.

459 F.2d 54 (1972)

Emilio CASIAS, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 26, 1972.

Attorney(s) appearing for the Case

Roy E. Greenwood, Staff Counsel for Inmates, Texas Dept. of Corrections, Huntsville, Tex., Joyce Hill, Lubbock, Tex., for petitioner-appellant.

Crawford C. Martin, Atty. Gen. of Texas, Max P. Flusche, Jr., Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., for respondent-appellee.

Before AINSWORTH, GODBOLD and MORGAN, Circuit Judges.

PER CURIAM:

Emilio Casias, a Texas state prisoner, appeals from the denial by the District Court, 333 F.Supp. 214, of his application for writ of habeas corpus. Two questions are presented on appeal: (1) Whether under the holding of North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969), appellant's constitutional right to due process has been violated as a result of the imposition...

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