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HOUSTON v. ESTELLE

No. 76-4242.

569 F.2d 372 (1978)

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

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 12, 1978.

Attorney(s) appearing for the Case

Stanley G. Schneider, Staff Counsel for Inmates, Phyllis Coci, Huntsville, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Anita Ashton, Asst. Atty. Gen., David M. Kendall, 1st Asst. Atty. Gen., Joe B. Dibrell, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before THORNBERRY, GOLDBERG and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 12, 1978.

GOLDBERG, Circuit Judge:

On November 8, 1972, appellant Arthur Houston Jr. was convicted of possession of heroin, a crime under the laws of the state of Texas. The jury which convicted Houston sentenced him to 99 years imprisonment, the maximum sentence allowed for this crime. Houston had never before been convicted of any felony. Houston's conviction was affirmed by the Texas Court of Criminal Appeals...

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