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RAMIREZ v. DRETKE

No. 04-40600.

396 F.3d 646 (2005)

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

United States Court of Appeals, Fifth Circuit.

January 7, 2005.

Attorney(s) appearing for the Case

John S. Gilmore, Jr. (argued), Corpus Christi, TX, for Petitioner-Appellee.

Sean Jordan (argued), Austin, TX, for Respondent-Appellant.

Before GARZA, STEWART and CLEMENT, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Doug Dretke ("Director"), in his role as Director of the Texas Department of Criminal Justice, Correctional Institutions Division, appeals the conditional granting of federal habeas corpus relief to Juan Ramirez ("Ramirez"). A Texas jury convicted Ramirez of aggravated assault, and he received a fifteen year prison sentence. Ramirez unsuccessfully appealed his conviction based on, inter alia, ineffective assistance of counsel...

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