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ESQUIVEL v. ESTELLE

No. 74-2785.

580 F.2d 814 (1978)

Rudy R. ESQUIVEL, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 30, 1978.

Attorney(s) appearing for the Case

Rudy R. Esquivel, pro se.

William C. Denton, Houston, Tex. (Court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., John Pierce Griffin, Asst. Atty. Gen., David M. Kendall, Jr., 1st Asst. Atty. Gen., Joe B. Dibrell, Richard Arnett, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, GOLDBERG and CLARK, Circuit Judges.

THORNBERRY, Circuit Judge:

Defendant-petitioner Rudy Esquivel appeals from the district court's denial of his habeas corpus petition. Esquivel sought habeas corpus claiming that after his 1953 rape conviction he was not represented by counsel at the sentencing phase of his trial and that he was not fully informed of his right to appeal.1 The district court adopted the state court's factual findings. Townsend v. Sain,

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