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MEYER v. ESTELLE

No. 79-3100 Summary Calendar.

621 F.2d 769 (1980)

Gene Olwyn MEYER, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

July 16, 1980.

Attorney(s) appearing for the Case

Gene Olwyn Meyer, pro se.

P. E. George, Austin, Tex., for respondent-appellee.

Before BROWN, TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges.

JOHN R. BROWN, Circuit Judge:

Meyer appeals the denial of his 28 U.S. C.A. § 2254 petition for habeas relief. Following a prosecution resulting in a hung jury, Meyer was retried and convicted by a Texas State Court of the May 6, 1966 robbery by assault of a Shell Oil Company service station. Enhanced by two prior felony convictions, he received a life sentence as an habitual offender. His conviction was affirmed on appeal. Meyer v. State,

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