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ROMERO v. COLLINS

No. 92-7331.

961 F.2d 1181 (1992)

Jesus ROMERO, Jr., Petitioner-Appellee, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

May 19, 1992.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., Will Pryor, Asst. Atty. Gen., Mary F. Keller, Deputy Atty. Gen., Michael P. Hodge, and Robert S. Walt, Asst. Attys. Gen., Austin, Tex., for respondent-appellant.

Elizabeth Cohen, Texas Resource Center, Austin, Tex., and Mandy Welch, Houston, Tex., for petitioner-appellee.

Before GARWOOD, JOLLY, and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:

The State of Texas asks that we vacate an order of the United States District Court for the Southern District of Texas staying an execution scheduled between the hours of midnight and sunrise on May 20, 1992. For the reasons stated, we grant the State's motion and vacate the stay of execution.

I.

A jury in the 197th District Court of Cameron County, Texas convicted Romero of capital murder on July 19, 1985. The jury answered "yes" to...

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