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PREACHER v. ESTELLE

No. 79-2529.

626 F.2d 1222 (1980)

Benjamin Neil PREACHER, 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, 1980.

Attorney(s) appearing for the Case

Curtis C. Mason, Staff Counsel for Inmates, Texas Dept. of Corrections, Huntsville, Tex., for petitioner-appellant.

Charles Sharman, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before DYER, RUBIN and POLITZ, Circuit Judges.

POLITZ, Circuit Judge:

Benjamin Neil Preacher, convicted of aggravated robbery in Texas state court and sentenced to 50 years imprisonment, appeals the denial of his petition for habeas relief brought under 28 U.S.C. § 2254. He claims three bases for the relief sought: (1) a pretrial lineup was impermissibly suggestive, in violation of his Fourteenth Amendment right to due process, (2) the prosecution improperly withheld favorable evidence, and (3) the district...

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