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WHEELER v. BETO

No. 26607.

407 F.2d 816 (1969)

Lewis Charles WHEELER, Plaintiff-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 17, 1969.

Attorney(s) appearing for the Case

Lewis Charles Wheeler, pro se.

Crawford C. Martin, Atty. Gen., Gilbert J. Pena, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Hawthorne Phillips, Staff Legal Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for appellee.

Before BROWN, Chief Judge, and THORNBERRY and MORGAN, Circuit Judges.

PER CURIAM:

Since appellant is without counsel and none has been appointed, the case cannot be orally heard, see Elchuk v. United States, 1962, 370 U.S. 722, 82 S.Ct. 1574, 8 L.Ed.2d 802, and, accordingly, the case is properly placed on the summary calendar under Fifth Circuit Rule 18.

This appeal is from the denial of a petition for a writ of habeas corpus filed by a Texas prisoner convicted of possession of marihuana. After...

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