Johnson v. Johnson

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-50113 Summary Calendar GREGORY DOUGLAS JOHNSON, 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. W-95-CV-137 - - - - - - - - - - September 13, 1996 Before GARWOOD, JOLLY, and DENNIS, Circuit Judges. PER CURIAM:* Gregory Douglas Johnson (#652074) appeals from the district court's dismissal of his petition for writ of habeas corpus, 28 U.S.C. § 2254. He argues that the State withheld favorable, material evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), the state trial court erred in denying his motion for new trial on that basis, and that the evidence was insufficient. * Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4.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. 96-50113 - 2 - We have reviewed the arguments and the record and perceive no reversible error. We affirm the district court's dismissal of Johnson’s petition. AFFIRMED.