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MARTINEZ-MACIAS v. COLLINS

No. 91-8656.

979 F.2d 1067 (1992)

Federico MARTINEZ-MACIAS, Texas Department of Corrections, Death Row Inmate, No. 771, Petitioner-Appellee, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 11, 1992.

Attorney(s) appearing for the Case

Robert S. Walt, Asst. Atty. Gen., Dan Morales, Atty. Gen., Austin, Tex., for respondent-appellant.

Douglas G. Robinson (court-appointed), Skadden, Arps, State, Meagher & Flom, Washington, D.C., Randall T.E. Coyne, Univ. of Okl., College of Law, Norman, Okl. (court-appointed) for petitioner-appellee.

Before POLITZ, Chief Judge, HIGGINBOTHAM and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We review today the judgment of the United States District Court granting a writ of habeas corpus on the petition of Federico Martinez-Macias convicted of capital murder in Texas and now on death row in that state. We affirm the judgment below for essentially the reasons stated by the magistrate-judge in her report and recommendation, and the order of the district court adopting it. We have read the record, read the briefs,...

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