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TURNER v. CAMPBELL

No. 78-1726. Summary Calendar.

581 F.2d 547 (1978)

Quincy Clyde TURNER, Plaintiff-Appellant, v. Alan K. CAMPBELL, Chairman of UNITED STATES Civil Service Commission, Erso Poston and Jules Sugarman, Commissioners of UNITED STATES Civil Service Commission, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 7, 1978.

Attorney(s) appearing for the Case

John Ellis, Dallas, Tex., for plaintiff-appellant.

Kenneth J. Mighell, U.S. Atty., Charles D. Cabaniss, Asst. U.S. Atty., Dallas, Tex., for defendants-appellees.

Before BROWN, Chief Judge, COLEMAN and VANCE, Circuit Judges.

COLEMAN, Circuit Judge.

On April 27, 1975, Turner, the appellant, a special messenger for the Postal Service, was arrested and charged with burglary of a habitation (first-degree felony). He was later indicted on the lesser charge of burglary of a building (second-degree felony). Trial before the court resulted in a finding of guilt on the included charge of attempted burglary, and assessment of punishment as follows:

Defendant punished under [Tex. Penal...

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