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LOUD v. ESTELLE

No. 76-3042.

556 F.2d 1326 (1977)

Clennon LOUD, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 5, 1977.

Attorney(s) appearing for the Case

Kenneth Anderson, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Jack B. Boone, Douglas M. Becker, David M. Kendall, Jr., Joe B. Dibrell, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before COLEMAN, Circuit Judge, KUNZIG, Associate Judge, and GEE, Circuit Judge.

GEE, Circuit Judge:

Petitioner was convicted in 1970 for felony theft and was sentenced to life imprisonment under the Texas habitual offender statute.1 The conviction was affirmed2 and state habeas corpus relief was denied. Petitioner then filed this application for a writ in federal district court, alleging that one of the two prior convictions used to enhance his sentence resulted when probation was revoked...

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