Hall v. Cain

Opinion

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-30844 Summary Calendar __________________

ANDREA HALL,

Petitioner-Appellant,

versus

BURL CAIN, Acting Warden, Louisiana State Penitentiary,

Respondent-Appellee.

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Appeal from the United States District Court for the Western District of Louisiana (CA-94-2298) ______________________________________________ April 18, 1996

Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:*

Andrea Hall appeals from the district court's partial denial

of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. A

review of the record supports the magistrate judge's finding that,

as to Hall's Louisiana conviction for the attempted second-degree

murder of Joe Lewis Atkins, Hall failed to show that his trial

attorneys' failure to challenge a defective jury instruction was

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. prejudicial. We affirm for the reasons stated by the district

court. See Hall v. Whitley, No. CV94-2298-A (W.D. La July 21,

1995).