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McGEE v. ESTELLE

No. 81-1498.

704 F.2d 764 (1983)

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

United States Court of Appeals, Fifth Circuit.

Opinion on Granting of Rehearing July 8, 1983.

Attorney(s) appearing for the Case

James W. Rice, (Court-Appointed), Houston, Tex., for petitioner-appellant.

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

Before BROWN and JOLLY, Circuit Judges, and MAHON, District Judge.

Opinion on Granting of Rehearing En Banc July 8, 1983.

E. GRADY JOLLY, Circuit Judge.

Prado McGee, Jr., an habitual criminal, is serving a life sentence in the state of Texas after his conviction in 1977 for a third degree felony enhanced by two prior felony convictions, in 1960 for theft and in 1969 for burglary.1 McGee's conviction was affirmed by the Texas Court of Criminal Appeals...

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