RUBIO v. ESTELLE

No. 81-1550 Summary Calendar.

689 F.2d 533 (1982)

Elva RUBIO, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, and Mark White, Attorney General of the State of Texas, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

October 18, 1982.


Attorney(s) appearing for the Case

Glen H. Shelton, El Paso, Tex., for petitioner-appellant.

Maury Hexamer, Asst. Atty. Gen., Austin, Tex., W. Barton Boling, Asst. Atty. Gen., El Paso, for respondents-appellees.

Before BROWN, REAVLEY and JOLLY, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

Elva Rubio was convicted by a jury on September 13, 1977, for possession of heroin. Her punishment was enhanced to life imprisonment by virtue of two previous felony convictions, one state and one federal.

The appellant filed a petition for habeas corpus relief under 28 U.S.C. § 2254. Her petition was referred to a United States Magistrate, who recommended denial. The appellant objected to the report, and the United States...

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