ALVAREZ v. ESTELLE

No. 75-2856.

531 F.2d 1319 (1976)

Epifanio G. ALVAREZ, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 23, 1976.


Attorney(s) appearing for the Case

Epifanio G. Alvarez, pro se.

H. Douglas Lavcock (Court-appointed), Austin, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Paul R. Gavia, Ben M. Harrison, Asst. Attys. Gen., David M. Kendall, Jr., First Asst. Atty. Gen., Joe B. Dibrell, Asst. Atty. Gen., Chief, Enforcement Div., Gilbert J. Pena, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before TUTTLE, THORNBERRY and TJOFLAT, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 23, 1976.

THORNBERRY, Circuit Judge:

The United States District Court for the Western District of Texas denied appellant Alvarez's application for writ of habeas corpus under 28 U.S.C. § 2254.

Alvarez was originally charged in a two count indictment with possession and sale of heroin. The prosecution abandoned the possession count of the indictment and the case was submitted to the jury on the sale ...

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