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TIJERINA v. ESTELLE

No. 81-1111 Summary Calendar.

692 F.2d 3 (1982)

Enrique TIJERINA, Petitioner-Appellant, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 22, 1982.

Attorney(s) appearing for the Case

Enrique Tijerina, pro se.

Charles A. Palmer, Chief, Douglas M. Becker, Asst. Attys. Gen., Enforcement Div., Austin, Tex., for respondent-appellee.

Before RUBIN, JOHNSON and GARWOOD, Circuit Judges.

JOHNSON, Circuit Judge:

Sua sponte, the Court withdraws its prior opinion dated August 13, 1982, 682 F.2d 504 (5th Cir.) (per curiam) and renders the following opinion.

Enrique Tijerina filed this habeas corpus proceeding seeking release from his confinement in the Texas Department of Corrections, which resulted from his conviction for the unlawful delivery of heroin. The case was referred to a magistrate and the magistrate...

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