GARCIA v. QUARTERMAN

No. 05-50382.

454 F.3d 441 (2006)

Andrew GARCIA, Petitioner-Appellee, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

June 23, 2006.


Attorney(s) appearing for the Case

John J. Ritenour, Jr. (argued), San Antonio, TX, for Garcia.

Ana Jordan (argued), Austin, TX, for Quarterman.

Before GARWOOD, HIGGINBOTHAM and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

In this habeas corpus action, the district court granted the petitioner relief. For the reasons that follow, we reverse.

I. FACTS AND PROCEEDINGS

Andrew Garcia ("Garcia") and his brother, Alejandro Garcia ("Alejandro"), entered the car of a young woman while she was stopped at a traffic light in San Antonio, Texas. The Garcia brothers told the woman, at gun point, to drive to a secluded area and forced her to engage...

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