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BURNS v. ESTELLE

No. 82-1071.

695 F.2d 847 (1983)

Rodney K. BURNS, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 17, 1983.

Attorney(s) appearing for the Case

Seay, Gwinn, Crawford, Mebus & Blakeney, Steven R. McCown, Dallas, Tex., for petitioner-appellant.

Joe Foy, Jr., Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before GARZA, TATE and WILLIAMS, Circuit Judges.

GARZA, Circuit Judge:

Petitioner Rodney K. Burns brings this Section 2254 action seeking habeas relief following his conviction in the State of Texas by a jury on two counts of aggravated robbery and his sentence to two concurrent 99-year prison sentences in 1974. The record reveals that petitioner, together with co-defendants, Richard Hamilton and Charles Gibson, allegedly entered and robbed at gun point a bank in Milford, Texas. Eyewitnesses identified petitioner...

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