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FIERRO v. LYNAUGH

No. 88-1507.

879 F.2d 1276 (1989)

Cesar Roberto FIERRO, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 1989.

Attorney(s) appearing for the Case

Bruce J. Ponder, El Paso, Tex., for petitioner-appellant.

William C. Zapalac, Asst. Atty. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before REAVLEY, KING, and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In 1980 Cesar Roberto Fierro was convicted of capital murder and sentenced to death by the state of Texas. He now appeals the federal district court's denial of his petition for writ of habeas corpus. We affirm.

I

In 1980 Fierro was convicted in a state court in Texas of committing murder during the course of a robbery, and sentenced to death. By 1987, Fierro had exhausted all opportunities for state relief. In September...

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