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BREWER v. QUARTERMAN

No. 04-70034.

512 F.3d 210 (2008)

Brent Ray BREWER, Petitioner-Appellee, v. Nathaniel QUARTERMAN, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 2007.

Attorney(s) appearing for the Case

Michael Dennis Samonek, Denton, TX, for Brewer.

Edward Larry Marshall, Austin, TX, for Quarterman.

Before JOLLY, SMITH and GARZA, Circuit Judges.

PER CURIAM:

This court reversed the district court's judgment conditionally granting a writ of habeas corpus. Brewer v. Dretke, 442 F.3d 273 (5th Cir.2006) (reversing Brewer v. Dretke, 2004 WL 1732312, 2004 U.S. Dist. LEXIS 14761 (N.D.Tex. Aug. 2, 2004)). The Supreme Court reversed. Brewer v. Quarterman, ___ U.S. ___, 127 S.Ct. 1706, 167 L.Ed.2d 622 (2007).

The state acknowledges that in light of the denial...

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