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VAIL v. ESTELLE

No. 83-2048. Summary Calendar.

711 F.2d 630 (1983)

Michael Harvey VAIL, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 8, 1983.

Attorney(s) appearing for the Case

Michael Harvey Vail, pro se.

Brenda K. Smith, Asst. Atty. Gen., Enforcement Div., Austin, Tex., for respondent-appellee.

Before CLARK, Chief Judge, POLITZ and HIGGINBOTHAM, Circuit Judges.

CLARK, Chief Judge:

A Brazoria County, Texas jury returned a guilty verdict on June 7, 1978 against Michael Harvey Vail sentencing him to 50 years in prison as a second-time offender under Texas' enhancement statute. More than five years later, Vail's appeal comes to this court from the district court's dismissal of his petition for a writ of habeas corpus. The crux of Vail's appeal is that he has been unable to exhaust his state remedies since the besieged Texas...

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