Lingle v. Cain
Lingle v. Cain
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 98-30913 Summary Calendar
SCOTT LINGLE,
Petitioner-Appellant,
versus
BURL CAIN, Warden,
Respondent-Appellee.
-------------------- Appeal from the United States District Court for the Eastern District of Louisiana (97-CV-1263-N) -------------------- December 7, 2000
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.
PER CURIAM:*
Petitioner-Appellant Scott Lingle appeals the district court’s
denial of relief in his
28 U.S.C. § 2254habeas corpus petition.
Lingle argues that the reasonable doubt jury instruction given at
his trial was constitutionally defective under Cage v. Louisiana,
498 U.S. 39(1990). The AEDPA precludes consideration of this
claim. Williams v. Cain,
229 F.3d 468, 473-75(5th Cir. 2000).
Accordingly, the district court’s denial of relief is
AFFIRMED.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Reference
- Status
- Unpublished