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CHILDRESS v. JOHNSON

No. 95-20865.

103 F.3d 1221 (1997)

Joe David CHILDRESS, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 10, 1997.

Attorney(s) appearing for the Case

Jani J. Maselli, Inmate Legal Services, Huntsville, TX, for Petitioner-Appellant.

Jodi L. Brown, Office of the Attorney General for the State of Texas, Austin, TX, for Respondent-Appellee.

Before HIGGINBOTHAM, DUHÉ and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Joe David Childress appeals the district court's denial of his petition for a writ of habeas corpus. Childress is serving a term of twenty-five years in Texas state prison for leaving the scene of an accident. He challenges the severity of his sentence, arguing that his prison term was unconstitutionally enhanced based on two burglary convictions secured in the late 1940s in violation of his Sixth Amendment right to counsel. These convictions...

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