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MICHEAUX v. COLLINS

No. 88-2756.

944 F.2d 231 (1991)

Michael Don MICHEAUX, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

October 9, 1991.

Attorney(s) appearing for the Case

Ann E. Webb, Vinson & Elkins, Houston, Tex. (Court-appointed), for petitioner-appellant.

Andrea L. March, Asst. Atty. Gen., Jim Mattox, Atty. Gen., M.H. Montelongo, Asst. Atty. Gen., Austin, Tex., for respondent-appellee.

Before CLARK, Chief Judge, THORNBERRY, POLITZ, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, BARKSDALE and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:

The court having heard and considered this case en banc, we now affirm the district court's denial of habeas relief. However, the panel opinion, Micheaux v. Collins, 911 F.2d 1083 (5th Cir.1990), remains vacated pursuant to Fifth Circuit Local Rule 41.3 and our Internal Operating Procedure following Fed.R.App.Proc. 35.

The petitioner asserts that the convicting...

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