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MARTINEZ v. ESTELLE

No. 75-3055.

527 F.2d 1330 (1976)

Johnny R. MARTINEZ, 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 April 5, 1976.

Attorney(s) appearing for the Case

John L. Hill, Atty. Gen., Paul R. Gavia, Patrick P. Rogers, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Stanley G. Schneider, Staff Counsel for Inmates, Ted Redington, Director, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellee.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 5, 1976.

PER CURIAM:

Martinez sought habeas corpus relief asserting that upon retrial he received a longer sentence than had been imposed on his first trial. The district court, relying on Blackledge v. Perry, 1974, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628, granted the writ. We reverse.

Martinez was indicted in Texas state court for possession of heroin. The indictment...

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