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CRANE v. JOHNSON

No. 98-40166.

178 F.3d 309 (1999)

Alvin Wayne CRANE, Petitioner-Appellant, v. Gary L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 8, 1999.

Attorney(s) appearing for the Case

Allen Richard Ellis, Mill Valley, CA, for Petitioner-Appellant.

Douglas A. Danzeiser, Austin, TX, for Respondent-Appellee.

Before KING, Chief Judge, and DAVIS and WIENER, Circuit Judges.

W. EUGENE DAVIS, Circuit Judge:

Alvin Wayne Crane, convicted of murder and sentenced to death by a Texas state court, appeals from the district court's denial of his petition for a writ of habeas corpus. Because we conclude that Crane has failed to make a substantial showing of the denial of a federal right, we deny him a certificate of probable cause ("CPC") and vacate the stay of execution.

I.

Crane was...

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