Johnston v. Roberts

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-60807 Summary Calendar __________________

RONALD GENE JOHNSTON, also known as Ronald Garrett,

Petitioner-Appellant,

versus

RAYMOND ROBERTS, Superintendent, Mississippi State Penitentiary, MIKE MOORE, Attorney General of the State of Mississippi,

Respondents-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 1:91cv82-D-D - - - - - - - - - - June 21, 1996 Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Ronald Gene Johnston, #44872, argues that the district court

erred in denying his habeas corpus petition because he was not

competent at the time that he entered a guilty plea in 1983 and

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. No. 95-60807 -2-

because his counsel failed to provide him with effective

assistance.

We have reviewed the record, the opinion of the district

court, and the briefs, and find that the denial of Johnston's

petition for habeas corpus relief should be affirmed

substantially for the reasons adopted by the district court.

See Johnston v. Roberts, No. 1: 92CV82-D-D (N. D. Miss. Dec. 13,

1995).

AFFIRMED.