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RESENDEZ v. McKASKLE

No. 82-1384.

722 F.2d 227 (1984)

Francisco Ruben RESENDEZ, Petitioner-Appellant, v. Dan V. McKASKLE, Acting Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 12, 1984.

Attorney(s) appearing for the Case

P. Michael Jung, Dallas, Tex., for petitioner-appellant.

Nancy M. Simonson, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before WISDOM, TATE and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Petitioner-appellant, Francisco Resendez, currently serving a life sentence following a 1974 burglary conviction enhanced by two prior felonies, appeals from the summary dismissal of his federal habeas petition. The district court dismissed it for failure to exhaust state remedies, and on the alternative ground of abuse of the writ. We reverse and remand.

I.

FACTS

In 1974 Resendez was convicted of burglary of a private...

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