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ALLEN v. ESTELLE

No. 77-1838 Summary Calendar.

568 F.2d 1108 (1978)

Bobby Ray ALLEN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 1, 1978.

Attorney(s) appearing for the Case

Bobby Ray Allen, pro se.

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

Before BROWN, Chief Judge, RONEY and HILL, Circuit Judges.

JOHN R. BROWN, Chief Judge:

A jury convicted Bobby Ray Allen in Texas state court of robbery by assault. Under the Texas habitual offenders statute1 his sentence was enhanced to life imprisonment. After exhausting state remedies, Allen petitioned the United States District Court for a writ of habeas corpus, 28 U.S.C. § 2254. On November 9, 1976, without holding an evidentiary hearing, the...

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