IN THE UNITED STATES COURT OF APPEALS
                        FOR THE FIFTH CIRCUIT




                             No. 97-50915
                       USDC No. EP-97-CV-200-F



SANTIAGO DELGADO MEDRANO,
                                     Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION,
                                   Respondent-Appellee.

                        ---------------------

          Appeal from the United States District Court
                for the Western District of Texas

                        ---------------------
                            March 2, 1998

Before KING, HIGGINBOTHAM and DAVIS, Circuit Judges.

BY THE COURT:

     Santiago Delgado Medrano seeks a certificate of

appealability (COA) from the denial of his petition filed

pursuant to 28 U.S.C. § 2254.   COA is GRANTED and the case is

VACATED AND REMANDED for further proceedings.    Clark v. Williams,

, 382 (5th Cir. 1982).

     The district court erred in determining that Medrano had

failed to exhaust his state remedies on his claims that he was

denied a speedy trial and the right to be present at a critical

stage of trial given that he presented them on direct review to
                             O R D E R
                           No. 97-50915
                                -2-

the Texas Court of Criminal Appeals.   See Richardson v.

Procunier, 

, 429, 431-32 (5th Cir. 1982).   On remand,

the district court should afford Medrano the opportunity to file

an amended petition deleting his remaining two unexhausted

claims.   See Rose v. Lundy, 

, 520 (1982); McGruder v.

Phelps, 

, 1025 (5th Cir. 1979).

     COA GRANTED; VACATED AND REMANDED.