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SPINELLI v. COLLINS

No. 92-2046.

992 F.2d 559 (1993)

John Lee SPINELLI, Petitioner-Appellee, v. James A. COLLINS, Director Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 8, 1993.

Attorney(s) appearing for the Case

R. Ray Buvia, Asst. Atty. Gen., Austin, TX, for respondent-appellant.

Will Gray, Houston, TX, for petitioner-appellee.

Before REYNALDO G. GARZA, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division, ("Director") appeals the district court's judgment granting John Lee Spinelli habeas corpus relief. Finding that the district court erred in granting Spinelli's petition for writ of habeas corpus, we reverse.

I

Spinelli was convicted of aggravated robbery ("1978 conviction") by a jury in state court, and sentenced to life imprisonment...

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