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COLEMAN v. ESTELLE

No. 82-1112 Summary Calendar.

689 F.2d 1244 (1982)

Henry Grady COLEMAN, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing January 14, 1983.

Attorney(s) appearing for the Case

Henry Grady Coleman, pro se.

Charles A. Palmer, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before BROWN, REAVLEY and JOLLY, Circuit Judges.

PER CURIAM:

This is an appeal from a denial of habeas corpus. Because of this court's decision in Willeford v. Estelle, 637 F.2d 271 (5th Cir. 1981), we must reluctantly remand to the district court to grant the writ conditioned upon resentencing of petitioner by the state court.

THE FACTS

Petitioner Coleman was tried and convicted for selling heroin under Tex.Penal Code Ann. art. 725b § 23 (repealed...

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