No. 98-50194
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 98-50194
Summary Calendar
ALVIN BOYD COUNTY,
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-668
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April 8, 1999
Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.
PER CURIAM:*
The district court granted Alvin Boyd County, Texas state
prisoner #717485, a certificate of appealability limited to the
issues whether his guilty plea was rendered involuntary because of
a threat from the state trial judge and whether he was entitled to
a federal evidentiary hearing on that issue. We have reviewed the
record and find no reversible error. County has not met his burden
of proving that his guilty plea was involuntarily entered because
*
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that this opinion should not be published and is not precedent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. 98-50194
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the trial judge threatened to sentence him to life imprisonment if
he went to trial and was found guilty. The court has not
considered the additional issues raised by County. See Lackey v.
Johnson, 116 F.3d 149, 151-52 (5th Cir. 1997). Accordingly, the
judgment of the district court denying County’s federal habeas
petition is AFFIRMED for essentially the reasons stated by the
district court. See County v. Johnson, No. SA-97-CA-668FB (W.D.
Tex. Feb. 5, 1998).
AFFIRMED.