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SMITH v. ESTELLE

No. 82-1559.

711 F.2d 677 (1983)

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

United States Court of Appeals, Fifth Circuit.

August 11, 1983.

Attorney(s) appearing for the Case

Mary L. Sinderson, Asst. U.S. Atty., Houston, Tex., for petitioner-appellant.

Douglas M. Becker, Barbara J. Lipscomb, Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before BROWN, REAVLEY and RANDALL, Circuit Judges.

REAVLEY, Circuit Judge:

Grady Lee Smith appeals from the district court's judgment denying habeas corpus relief under 28 U.S.C. § 2254. We affirm.

Procedural Background

Appellant Smith pleaded guilty in Texas state court in 1980 to three counts of delivery of controlled substances (heroin and cocaine). Pursuant to a plea bargain negotiated by Smith's retained counsel with the prosecution, the State of Texas waived the sentence enhancement paragraphs...

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