Billy Frederick Allen v. James A. Collins, Director, Texas Dept. Of Criminal Justice, Institutional Division

REAVLEY, Circuit Judge:

In 1974, appellant Billy Frederick Allen was convicted of methamphetamine possession and sentenced to two years imprisonment. After completing his possession sentence, Allen was convicted of two murders in 1983. Pursuant to Texas’ habitual offender statute, the court used Allen’s 1974 conviction to enhance his 1983 sentence.

Allen now asserts a habeas corpus challenge to his 1983 conviction. He alleges that he was denied the right to appeal his 1974 conviction due to ineffective assistance of counsel, and this constitutional defect in his 1974 conviction infected his…