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McDONALD v. ESTELLE

No. 76-1576 Summary Calendar.

536 F.2d 667 (1976)

Bufford Lenell McDONALD, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 4, 1976.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Patrick P. Rogers, Asst. Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Jr., Chief, Enforce. Div., Max P. Flusche, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellant.

James D. Durham, Jr. (Court-appointed), Amarillo, Tex., for petitioner-appellee.

Bufford McDonald, pro se.

Before THORNBERRY, CLARK and TJOFLAT, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 4, 1976.

PER CURIAM:

We affirm on the basis of the district court's opinion, which is set forth in the appendix.

APPENDIX

MEMORANDUM AND ORDER

BUFFORD LENELL McDONALD is a state prisoner, pursuant to judgment and sentence of the District Court of Castro County, Texas, in Cause No. 940. On January 25, 1973, he was convicted by jury under an indictment charging him with the felony offense...

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