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JOHNSON v. COLLINS

No. 92-2018.

964 F.2d 1527 (1992)

Curtis Lee JOHNSON, Petitioner-Appellant, v. James A. COLLINS, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 23, 1992.

Attorney(s) appearing for the Case

James F. Keegan, Bellaire, Tex., for petitioner-appellant.

Charles A. Palmer, William C. Zapalac, Asst. Atty. Gen., and Dan Morales, Atty. Gen., Austin, Tex., for respondent-appellee.

Before POLITZ, Chief Judge, GARWOOD, and JOLLY, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

Johnson asks this court for a certificate of probable cause to appeal from the district court's denial of his petition for a writ of habeas corpus. For the reasons set out below, his request is DENIED.

I

On September 24, 1983, Curtis Lee Johnson — carrying a loaded pistol — and a companion entered the open rear window of the second story apartment of Murray Dale Sweat. While burglarizing it, they heard...

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