Husein v. Cockrell

U.S. Court of Appeals for the Fifth Circuit

Husein v. Cockrell

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-40557 Summary Calendar

OMAR BORGES HUSEIN

Petitioner - Appellant

v.

JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE,INSTITUTIONAL DIVISION

Respondent - Appellee

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:99-CV-694 -------------------- March 11, 2002

Before KING, Chief Judge, and DAVIS and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

Omar Borges Husein (Husein), Texas prisoner #800510, appeals

the district court’s denial of his

28 U.S.C. § 2254

petition. He

challenges the legality of his search as based upon an invalid

drug courier profile and a fabricated subpoena.

We have reviewed the record, the briefs of the parties, and

the applicable law, and we find no reversible error.

Notwithstanding his assertions to the contrary, Husein had a full

and fair opportunity to litigate his Fourth Amendment claims in

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 01-40557 -2-

state court. These claims are thus barred from collateral review

by Stone v. Powell,

428 U.S. 482

, 494 (1976). Accordingly, the

district court properly denied Husein federal habeas relief.

AFFIRMED

Reference

Status
Unpublished