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THOMAS v. ESTELLE

No. 76-4231 Summary Calendar.

550 F.2d 1014 (1977)

Billy Gene THOMAS, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 14, 1977.

Attorney(s) appearing for the Case

Richard A. Dawson, Staff Counsel for Inmates, Texas Dept. of Corrections, Ramsey Unit, Rosharon, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Austin, Tex., W. Barton Boling, Asst. Atty. Gen., El Paso, Tex., David M. Kendall, Jr., 1st Asst. Atty. Gen., Joe B. Dibrell, Gilbert J. Pena, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before COLEMAN, GODBOLD and TJOFLAT, Circuit Judges.

PER CURIAM:

Appellant Thomas was convicted in 1970 upon a plea of guilty to the offense of robbery by the use of firearms and was sentenced to 25 years confinement. No appeal was taken.

Appellant has exhausted state court remedies and has been denied relief in the U. S. District Court from which he appeals. In this case the sole question for decision is whether the District Court was correct in denying Thomas' application for a writ of habeas corpus without...

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