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BUENO v. BETO

No. 71-1806 Summary Calendar.

458 F.2d 457 (1972)

Oscar A. BUENO, Petitioner-Appellant, v. Dr. George J. BETO, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 27, 1972.

Attorney(s) appearing for the Case

George G. Brin, Corpus Christi, Tex. (court appointed), for petitioner-appellant.

Crawford C. Martin, Atty. Gen., Nola White, First Asst. Atty. Gen., Alfred Walker, Executive Asst. Atty. Gen., Roland Daniel Green, III, Robert C. Flowers, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

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

INGRAHAM, Circuit Judge:

Appellant, a state prisoner presently serving a life term, was convicted by a jury in Nueces County, Texas, of robbery by assault with one enhancement count. His conviction was affirmed by the Court of Criminal Appeals on December 14, 1966, and a petition for writ of habeas corpus to the same court was denied on July 7, 1969. Appellant, having thus exhausted his state remedies, applied to the Federal district court sitting in Corpus Christi...

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