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WALLACE v. QUARTERMAN

No. 06-41196.

516 F.3d 351 (2008)

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

United States Court of Appeals, Fifth Circuit.

February 1, 2008.

Attorney(s) appearing for the Case

Bruce Edward Anton, Sorrels, Udashen & Anton, Dallas, TX, for Wallace.

Gretchen Berumen Merenda, Asst. Atty. Gen., Austin, TX, for Quarterman.

Before HIGGINBOTHAM, DAVIS and SMITH, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Billy Ray Wallace was convicted of capital murder and was sentenced to life imprisonment on December 10, 1981. He was incarcerated in a Texas prison. The Texas parole rules changed between sentencing and when he became eligible for parole. He alleges that had the rules not changed, he would have received parole and that the rule change violated the Ex Post Facto Clause of the Constitution...

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