Julien v. Cain

* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30967
Summary Calendar
EMANUEL JULIEN,
Petitioner-Appellant,
VERSUS
BURL CAIN, Warden, Louisiana State Penitentiary,
Respondent-Appellee.
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Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No.99-CV-41-K
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August 23, 2000
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Emanuel Julien, Louisiana inmate # 110718, appeals the denial
of his petition for habeas corpus relief pursuant to 28 U.S.C.
§ 2254. Julien argues that he was constructively denied the
effective assistance of appellate counsel because his lawyer did
not argue that the trial court erred when it admitted evidence of
an extraneous offense.

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No.99-30967
-2-
The record does not show that Julian was in effect denied any
meaningful assistance at all. Childress v. Johnson, 103 F.3d 1221,
1229 (5th Cir. 1997). Julien’s appellate counsel raised two
appellate issues, one of which was initially successful inasmuch as
the appellate court remanded the case for resentencing. See Sharp
v. Puckett, 930 F.2d 450, 451-52 (5th Cir. 1991). Moreover, Julien
has not demonstrated that the error complained of resulted in
prejudice under Strickland v. Washington, 466 U.S. 668, 689-94
(1984). Jackson v. Johnson, 150 F.3d 520, 525 (5th Cir. 1998);
Bagley v. Collins, 1 F.3d 378, 380 (5th Cir. 1993).
The judgment of the district court is AFFIRMED.

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