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BOUCHILLON v. ESTELLE

No. 74-2459.

507 F.2d 622 (1975)

Donald BOUCHILLON, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 29, 1975.

Attorney(s) appearing for the Case

James H. Randals, Staff Counsel for Inmates, Texas Dept. of Corrections, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Austin, Tex., Calvin Botley, Asst. Atty. Gen., Houston, Tex., for respondent-appellee.

Before RIVES, GODBOLD and GEE, Circuit Judges.

GODBOLD, Circuit Judge:

By this habeas suit appellant attacks a 1946 Texas state conviction used for enhancement. State remedies have been exhausted. Relying on Santobello v. New York, 404 U.S. 257, 92 S.Ct. 495, 30 L.Ed.2d 427 (1971), and United States ex rel. Culbreath v. Rundle, 466 F.2d 730 (CA3, 1972), he claims that his 1946 sentence was void because the court did not accept the prosecution's...

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