Medrano v. Johnson

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________

No. 95-50646 Summary Calendar __________________

JOSE ESTRADA MEDRANO,

Petitioner-Appellant,

versus

GARY L. JOHNSON, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,

Respondent-Appellee.

--------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-92-CV-92 ----------------------

June 17, 1996 BEFORE DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:*

Jose Estrada Medrano appeals from the district court’s

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

corpus, arguing that his ex post facto rights were violated when

his wife was permitted to testify for the state during his 1987

murder trial. We affirm for essentially the reasons stated by

the magistrate judge and district court. See Medrano v. Scott,

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 95-50646 -2-

No. EP-92-CA-92-H (W.D. Tex. July 31, 1995). Medrano has

abandoned a claim that the prosecution improperly referred to his

failure to testify at trial. Yohey v. Collins, 985 F.2d 222, 225

(5th Cir. 1993).

AFFIRMED.