IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50339
Summary Calendar
ISAURO HERNANDEZ,
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 Western District of Texas
USDC No. SA-97-CV-650
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February 22, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
Isauro Hernandez, Texas prisoner # 633438, appeals the
district court’s denial of his petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. Hernandez contends that he was
subject to double jeopardy for his convictions and sentences for
Aggravated Sexual Assault and Indecency with a Child.
Whether different statutes punish the same offense is
determined by the standard announced in Blockburger v. United
*
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that this opinion should not be published and is not precedent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.
No. 98-50339
-2-
States, 284 U.S. 299 (1932). Brown v. Ohio, 432 U.S. at 166.
The trial court considered Hernandez’s habeas claim within his
second state application for habeas relief. The court analyzed
the elements of the two crimes for which Hernandez was convicted
under Blockburger and concluded that each crime had a distinct
element not contained in the other. The Texas Court of Criminal
Appeals denied the writ without written order, implicitly
adopting the lower court’s decision. Because the state court did
not rest its decision on a legal determination contrary to
clearly established federal law, the district court did not err
in denying the writ. The district court’s judgment is AFFIRMED.