IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-40551
Summary Calendar
LOUIS PRESTON JONES,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:97-CV-664
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January 27, 1999
Before DAVIS, DUHÉ, and PARKER, Circuit Judges.
PER CURIAM:1
Louis Preston Jones, Texas prisoner # 520758, appeals the
district court’s dismissal of his 28 U.S.C. § 2254 petition for
writ of habeas corpus. The district court granted a certificate of
appealability (“COA”) on the issue whether “he was denied his Sixth
Amendment right to counsel when the officers initiated an
interrogation after indictment and in the absence of retained
counsel.” The state trial court denied Jones’ motion to suppress
his statement, and the state appellate court found that Jones, not
1
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that this opinion should not be published and is not precedent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.
the law enforcement officers, initiated the interrogation. Jones
has not rebutted the presumption of correctness of this finding by
clear and convincing evidence, and the finding is not an
unreasonable determination of the facts presented in the state-
court proceedings. See 28 U.S.C. § 2254(d)(2) & (e)(1).
AFFIRMED.