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MONTGOMERY v. ESTELLE

No. 76-2636 Summary Calendar.

547 F.2d 894 (1977)

Robert Floyd MONTGOMERY, 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 April 6, 1977.

Attorney(s) appearing for the Case

Ted Redington, Staff Counsel for Inmates, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Joe B. Dibrell, Jr., Asst. Atty. Gen., Chief, Enforcement Div., Anita Ashton, Asst. Atty. Gen., David M. Kendall, Jr., 1st Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GODBOLD, HILL and FAY, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 6, 1977.

PER CURIAM:

Robert Floyd Montgomery, a prisoner of the State of Texas, appeals from the district court's denial of his petition for the writ of habeas corpus, without an evidentiary hearing. We affirm.

Appellant was convicted in a Texas state court of selling narcotics, with two prior convictions alleged for enhancement of sentence. The jury found him guilty of the principal and enhancement counts...

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