United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS September 18, 2003
FOR THE FIFTH CIRCUIT
Charles R. Fulbruge III
Clerk
No. 03-50004
Summary Calendar
JAMES PAUL PACE,
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 Western District of Texas
USDC No. MO-01-CV-33
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Before BARKSDALE, EMILO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
James Paul Pace, Texas prisoner # 790645, appeals the district
court’s denial of his 28 U.S.C. § 2254 petition challenging his
convictions for aggravated sexual assault. He argues that the
appellate court’s actions in holding the appeal in abeyance and
remanding the case to the trial court for findings of fact and
conclusions of law in support of the trial court’s denial of Pace’s
motion to suppress violated the Confrontation Clause. The trial
*
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that this opinion should not be published and is not precedent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. 03-50004
-2-
court was required to make such factual findings under state
procedural law. See TEX. CRIM. PROC. CODE. ANN. art 38.22 § 6; cf.
Sims v. Georgia, 385 U.S. 538, 544 (1967). The trial court held an
evidentiary hearing on the motion to suppress, during which Pace
was allowed to cross-examine the witnesses against him, and the
court relied on that hearing in formulating its factual findings.
Pace has not shown that his rights under the Confrontation Clause
were violated by the state’s remedial procedure. See Delaware v.
Fensterer, 474 U.S. 15, 20 (1985). The judgment of the district
court denying Pace relief on his 28 U.S.C. § 2254 petition is
AFFIRMED.