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McCUTCHEON v. BETO

No. 71-2421 Summary Calendar.

460 F.2d 1018 (1972)

Harry Walter McCUTCHEON, Petitioner-Appellant, v. Dr. George BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

February 2, 1972.

Attorney(s) appearing for the Case

Harry H. Walsh, Staff Counsel, Texas Dept. of Corrections, Huntsville, Tex. for petitioner-appellant.

Crawford C. Martin, Atty. Gen. of Texas, Dunklin Sullivan, Asst. Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Robert C. Flowers, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before JOHN R. BROWN, Chief Judge, AINSWORTH and RONEY, Circuit Judges.

PER CURIAM:

The District Court declined to relieve petitioner of a 1946 Federal conviction for violating then 26 U.S.C.A. § 3224(a), now 26 U.S.C.A. § 4724(a), which is presently serving as the basis of an enhanced Texas sentence for a subsequent state felony offense. The District Court's order of March 4, 1971, denied relief on the theory that the principles announced in Leary v. United States, 1969, 395 U.S. 6, 89 S.Ct....

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