IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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Summary Calendar
No. 95-10559
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CHARLES ANDREW BRUNSTON,
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 Northern District of Texas
USDC No. 3:94-CV-1619-H
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February 26, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.
PER CURIAM:*
Charles Andrew Brunston appeals from the district court's
order denying his 28 U.S.C. § 2254 petition for a writ of habeas
corpus. He makes the following arguments: the district court
erred in finding that he procedurally defaulted his claim that
the evidence was insufficient to support his conviction for
conspiracy to possess cocaine; the trial court's jury charge
*
Pursuant to Local Rule 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that this opinion should not be published and is not precedent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 Local Rule
47.5.4.
No. 95-10559
-2-
permitted the jury to presume intent; the jury engaged in
misconduct; during voir dire, the trial court failed to "qualify"
the jury in accordance with a Texas statute; and Brunston
received ineffective assistance of counsel at both the trial and
appellate levels. We have reviewed the record, the magistrate
judge's report and recommendation, and the district court's order
adopting the magistrate judge's report, and we find no reversible
error. We affirm for essentially the reasons given by the
magistrate judge. Brunston v. Scott, No. 3-94-CV-169-H (N.D.
Tex. May 18, 1995).
Brunston has filed motions to strike the appellee's response
brief and for an extension of time to file a reply brief. These
motions are based on meritless arguments and are therefore
denied.
AFFIRMED.
MOTIONS DENIED.