HENDRIX v. LYNAUGH

No. 88-1960 Summary Calendar.

888 F.2d 336 (1989)

Bruce Robert HENDRIX, Petitioner-Appellant, v. James A. LYNAUGH, Director Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 16, 1989.


Attorney(s) appearing for the Case

Bruce Robert Hendrix, Dallas, Tex., pro se.

C. Rex Hall, Jr., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

The petitioner brings a habeas corpus action pursuant to 28 U.S.C. § 2254, mounting a collateral attack on a 1972 state conviction. Concluding that under recent Supreme Court precedent he was not "in custody" for purposes of the statute, we affirm the district court's dismissal of the petition.

I.

In 1972 a state court convicted Bruce Hendrix for possession of a narcotic drug and sentenced him to ten years' imprisonment...

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