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CANTU-TZIN v. JOHNSON

No. 98-11358.

162 F.3d 295 (1998)

Andrew Flores CANTU-TZIN, Petitioner-Appellant, v. Gary JOHNSON, Director Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 2, 1998.

Attorney(s) appearing for the Case

Allen Richard Ellis, Mill Valley, CA, Mandy Welch, Texas Defender Service, Houston, TX, for Petitioner-Appellant.

Delane T. Hendrix, Austin, TX, for Respondent-Appellee.

Before JONES, BARKSDALE and BENAVIDES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

Appellant Cantu is scheduled for execution by the State of Texas on December 3, 1998, for the June, 1990 murder-for-hire of three members of an Abilene family. He has filed neither state nor federal habeas petitions seeking to vacate his capital murder conviction. Instead, he filed in the federal district court only a motion to stay execution and for appointment of counsel, and those requests were initiated after his right to obtain...

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