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McCALL v. DRETKE

No. 03-50804.

390 F.3d 358 (2004)

William McCALL, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 3, 2004.

Attorney(s) appearing for the Case

William McCall, Elgin, TX, pro se.

Elizabeth A. Goettert, Austin, TX, for Respondent-Appellee.

Before DAVIS, GARZA and PRADO, Circuit Judges.

PRADO, Circuit Judge:

On May 4, 2000, William McCall pleaded guilty to felony driving while intoxicated ("DWI") in violation of TEX. PENAL CODE § 49.09(b). He was sentenced to ten years in prison. The charge against McCall was elevated from a misdemeanor DWI to a felony DWI because he had been convicted of previous DWI offenses in 1994 and in 1997.1 In prison, McCall was notified that the Texas Board of Pardons and Parole ("Board...

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