IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-40549
Conference Calendar
RICARDO MORENO,
Petitioner-Appellant,
versus
JANIE COCKRELL, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-01-CV-451
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February 20, 2003
Before WIENER, EMILIO M. GARZA, and CLEMENT, Circuit Judges.
PER CURIAM:*
Ricardo Moreno, Texas prisoner # 292560, appeals the
district court’s denial of his 28 U.S.C. § 2254 habeas petition
in which he alleged that, although he has a life sentence, he has
a liberty interest in mandatory supervision release. He argues
that under Texas law, 60 years’ imprisonment constitutes a life
sentence and that the State provided prisoners with the
expectancy of release when their calendar time served plus good
*
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that this opinion should not be published and is not precedent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. 02-40549
-2-
time credits equal 60 years. He further argues that the district
court erred in relying on Ex parte Franks, 71 S.W.3d 327, 327-28
(Tex. Crim. App. 2001), in which the Texas Court of Criminal Appeals
decided that inmates sentenced to life imprisonment were not eligible
for release on mandatory supervision.
Moreno’s arguments are foreclosed by this court’s decision in
Arnold v. Cockrell, 306 F.3d 277, 279 (5th Cir. 2002).
AFFIRMED.