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GUTIERREZ v. DRETKE

No. CIV. SA-01-CA-1033FB.

392 F.Supp.2d 802 (2005)

Vincent GUTIERREZ, TDCJ No. 999262, Petitioner, v. Douglas DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent.

United States District Court, W.D. Texas, San Antonio Division.

September 27, 2005.

Attorney(s) appearing for the Case

Alexander L. Calhoun, Law Office of Alexander L., Austin, TX, for Petitioner.

W. Erich Dryden, Office of the Attorney General, Austin, TX, for Respondent.

MEMORANDUM OPINION AND ORDER DENYING RELIEF

BIERY, District Judge.

Petitioner Vincent Gutierrez filed this federal habeas corpus action pursuant to Section 2254 of Title 28 United States Code challenging his Bexar County conviction for capital murder and sentence of death. For the reasons set forth at length below, petitioner is entitled to neither federal habeas corpus relief nor a Certificate of Appealability from this Court.

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