IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 95-10908
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RAYMOND PAUL JOHNSON,
Defendant-Appellant.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:94-CV-1483-D
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April 30, 1996
Before JOLLY, JONES and DeMOSS, Circuit Judges.
PER CURIAM:*
Raymond Johnson appeals from the district court’s denial of
his motion to vacate his sentence pursuant to 28 U.S.C. § 2255.
He asserts that the district court determined that the Government
violated the prohibitions of Brady v. Maryland, 373 U.S. 83
(1963), yet erroneously denied his § 2255 motion. Johnson
misreads the magistrate judge’s report and recommendation and the
district court’s order adopting it. Applying the procedural bar,
*
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that this opinion should not be published and is not precedent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. 95-10908
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the magistrate judge determined that, even if the asserted Brady
violations were true, Johnson could not show prejudice.
Johnson’s asserted Brady violations are without merit
because the purported exculpatory and impeachment evidence cannot
be deemed “material” as defined in United States v. Bagley, 473
U.S. 667, 682 (1985). Thus, even assuming Johnson’s assertions
to be true, the Government did not violate Brady. Because
Johnson’s only asserted claims are Brady violations, and those
claims are without merit, the district court did not err by
denying Johnson’s § 2255 motion. Johnson’s motion to supplement
the record is DENIED.
AFFIRMED.