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SPARKMAN v. ESTELLE

No. 81-2410 Summary Calendar.

672 F.2d 559 (1982)

Joe Allen SPARKMAN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

April 9, 1982.

Attorney(s) appearing for the Case

Bertrand C. Moser, Houston, Tex., for petitioner-appellant.

Linda Marshall, Asst. Atty. Gen., Houston, Tex., for respondent-appellee.

Before GEE, GARZA and TATE, Circuit Judges.

GARZA, Circuit Judge:

Petitioner-appellant, Joe Allen Sparkman, together with accomplice, Leroy Goodman, was convicted after a jury trial of aggravated rape in June, 1976. The jury set appellant's sentence at fifty years and Goodman's at ninety-nine years. Sparkman's conviction was affirmed on direct appeal by the Texas Court of Criminal Appeals, where he presented the same arguments which he now presents to this Court. See Sparkman v. State,

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