Cabellero v. Sharp

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 29, 1999
• Docket: 98-41233
• Status: Unpublished

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-41233 Summary Calendar

ARMANDO CABELLERO,

Plaintiff-Appellant,

versus

JOHN SHARP, Building Major, Eastham Unit of the Texas Department of Criminal Justice; CHARLES FRIZELL, Corrections Counselor, Eastham Unit of the Texas Department of Criminal Justice; DEBORAH KINNEY, Correctional Counselor, Eastham Unit of the Texas Department of Criminal Justice,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:94-CV-252 -------------------- December 16, 1999

Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.

PER CURIAM:*

Armando Caballero, Texas prisoner no. 602232, appeals the

jury verdict rendered in favor of the defendants in this 42

U.S.C. § 1983 prisoner civil rights case. Caballero argues that

the magistrate judge deprived him the right to a fair trial by

failing to secure the appearance of Arthur Brown at his trial.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 98-41233 -2-

The record on appeal does not support Caballero’s contention that

he attempted to secure Brown’s testimony; thus, we find no error.

See United States v. Coveney, 995 F.2d 578, 587 (5th Cir. 1993);

United States v. Hinojosa, 958 F.2d 624, 632 (5th Cir. 1992).

AFFIRMED.