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OHLER v. BETO

No. 22423.

356 F.2d 879 (1966)

Hugh Jefferson OHLER, Jr., Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Appellee.

United States Court of Appeals Fifth Circuit.

February 14, 1966.

Attorney(s) appearing for the Case

No appearance for appellant.

Sam R. Wilson, Asst. Atty. Gen., Waggoner Carr, Atty. Gen., Hawthorne Phillips, First Asst. Atty. Gen., T. B. Wright, Executive Asst. Atty. Gen., Howard M. Fender, Allo B. Crow, Jr., Asst. Attys. Gen., Austin, Tex., for appellee.

Before JONES and BROWN, Circuit Judges, and DYER, District Judge.

PER CURIAM:

Appellant was convicted in state court for violation of the Uniform Narcotics Drug Act, Vernon's Ann.Tex.Pen.Code Ann. art. 725b (possession of heroin) and, by virtue of two prior burglary convictions, his punishment was enhanced to life imprisonment pursuant to Tex.Pen. Code Ann. art. 63, providing for mandatory life imprisonment upon third conviction for a felony less than capital. Since such use of Art. 63 is proper under Texas law, Feather v. State...

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