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BROWN v. BETO

Civ. A. No. 70-H-79.

338 F.Supp. 1358 (1971)

Kenneth Jordan BROWN, Petitioner, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent.

United States District Court, S. D. Texas, Houston Division.

December 17, 1971.

Attorney(s) appearing for the Case

Briscoe, Dally & Shaffer (Joe C. Shaffer), Houston, Tex., for petitioner.

Glenn R. Brown, Asst. Atty. Gen. of Tex., Austin, Tex., for respondent.

MEMORANDUM AND ORDER

SEALS, District Judge.

This case is presently before the Court on remand from the United States Court of Appeals for the Fifth Circuit, 439 F.2d 259 (C.A.5, 1971), for determination of an issue not previously considered by the Court. Petitioner is an inmate in the custody of the Texas Department of Corrections by virtue of a conviction for possession of heroin, for which he was sentenced to 99 years...

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