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RUMMEL v. ESTELLE

No. 76-2946.

568 F.2d 1193 (1978)

William James RUMMEL, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted April 21, 1978.

Attorney(s) appearing for the Case

William James Rummel, pro se.

Scott J. Atlas, Houston, Tex. (court-appointed), for petitioner-appellant.

John L. Hill, Atty. Gen., Dunklin Sullivan, Asst. Atty. Gen., David M. Kendall, Jr., 1st Asst. Atty. Gen., Joe B. Dibrell, Gilbert J. Pena, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, GOLDBERG, and CLARK, Circuit Judges.

CLARK, Circuit Judge:

Petitioner William James Rummel appeals the district court's denial of habeas corpus relief from state confinement. He complains that the enhanced sentence he received constituted cruel and unusual punishment in violation of the eighth amendment and that his court-appointed attorney rendered ineffective assistance of counsel in violation of his sixth amendment rights. Because we hold that Rummel's life sentence

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