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GIVENS v. COCKRELL

No. 00-40532.

265 F.3d 306 (2001)

Tracy Lee GIVENS, Petitioner-Appellant, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

September 6, 2001.

Attorney(s) appearing for the Case

Tracy Lee Givens, Gatesville, TX, pro se.

Michelle Dulany Roche, Asst. Atty. Gen., Austin, TX, for Respondent-Appellee.

Before JONES, SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Tracy Givens appeals the denial of his petition for writ of habeas corpus. Finding no error, we affirm.

I.

In 1992, Givens attended a party with three friends. When they heard that some revelers had brought shotguns to the party, the group retrieved their own firearms. A verbal skirmish ensued between two of the young men and quickly escalated into shots fired at random into...

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