Hall v. Cain

UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

__________________ No. 95-30844 Summary Calendar __________________

ANDREA HALL, Petitioner-Appellant, versus BURL CAIN, Acting Warden, Louisiana State Penitentiary, Respondent-Appellee.

______________________________________________ Appeal from the United States District Court for the Western District of Louisiana (CA-94-2298) ______________________________________________ April 18, 1996 Before SMITH, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM:* Andrea Hall appeals from the district court's partial denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. A review of the record supports the magistrate judge's finding that, as to Hall's Louisiana conviction for the attempted second-degree murder of Joe Lewis Atkins, Hall failed to show that his trial attorneys' failure to challenge a defective jury instruction was prejudicial. We affirm for the reasons stated by the district court. See Hall v. Whitley, No. CV94-2298-A (W.D. La July 21, 1995).