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BROWNE v. ESTELLE

No. 82-2355.

721 F.2d 1037 (1984)

William David BROWNE, Petitioner-Appellant, v. W.J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 3, 1984.

Attorney(s) appearing for the Case

Bertrand C. Moser, court appointed, Houston, Tex., for petitioner-appellant.

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

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

ON PETITION FOR REHEARING.

PER CURIAM:

On petition for rehearing, the state of Texas contends we incorrectly held that Browne's prior federal conviction under 26 U.S.C. § 4704 (repealed) could not be used under Article 63, Vernon's Ann.P.C. (repealed), to enhance Browne's sentence. The state argues that under the law applicable to this case, a prior conviction could be used for enhancement when the facts necessary...

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