UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

_______________________

No. 98-31140 Summary Calendar Civil Docket # 98-CV-1837-LLM _______________________

MICHAEL JOHNSON,

Petitioner-Appellant,

versus

BURL CAIN, WARDEN, Louisiana State Penitentiary,

Respondent-Appellee.

_________________________________________________________________

Appeal from the United States District Court for the Eastern District of Louisiana _________________________________________________________________ February 1, 2001

Before DAVIS, JONES, and DeMOSS, Circuit Judges.

EDITH H. JONES, Circuit Judge:*

Michael Johnson, Louisiana prisoner # 98671, appeals from

the denial of his petition for habeas corpus relief filed pursuant

to

, Johnson argues that the instruction on

reasonable doubt which the jury received at his trial was

unconstitutional under Cage v. Louisiana,

(1990) and

Humphrey v. Cain,

(5th Cir. 1998) (en banc).

* 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 R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Given that the court’s instruction on moral certainty was corrected

by other language in the instruction, the instruction on the whole

was not constitutionally defective. See Williams v. Cain,

(5th Cir. 2000), construing an identical instruction.

The judgment of the district court is AFFIRMED.

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