Ybarra v. Johnson ( 2001 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-10351
Summary Calendar
PEGGY SUE YBARRA,
Petitioner-Appellant,
versus
GARY L. JOHNSON, DIRECTOR
TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, INSTITUTIONAL DIVISION,
Respondent-Appellee.
__________________________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:99-CV-230-Y
___________________________________________
March 1, 2001
Before POLITZ, HIGGINBOTHAM, and DeMOSS, Circuit Judges.
PER CURIAM:*
Peggy Sue Ybarra, Texas prisoner # 569925, appeals the denial of her 28
U.S.C. § 2254 petition for writ of habeas corpus. She contends that the state court
erred when it denied her claims that: (1) the State violated the confrontation clause
by failing to produce an adverse witness at her parole-revocation hearing, and
*
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 R. 47.5, the court has determined that this opinion should not be
published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
(2) her parole revocation ruling violated the due process clause because the
evidence supporting the revocation lacked sufficient reliability.
Ybarra’s contentions do not warrant habeas relief. It is well settled that we
“may not grant habeas relief unless the error at issue had substantial and injurious
effect or influence in determining the proceeding’s outcome.”1 Ybarra challenges
only the determination that she violated the conditions of her parole by committing
aggravated robbery. Any error made in reaching this conclusion is harmless,
however, because the order revoking Ybarra’s parole also relied on the
unchallenged finding that she violated the conditions of her parole by failing to
report to her parole officer.2 Either finding is sufficient to support a revocation of
parole. Accordingly, the judgment of the district court is AFFIRMED.
1
Will. v. Johnson, 171 F.3d 300, 307 (5th Cir.) (internal quotation marks, footnote,
and citations omitted), cert. denied, 528 U.S. 882 (1999).
2
Spann v. Wainwright, 431 F.2d 482 (5th Cir. 1970); United States v. McCormick, 54
F.3d 214 (5th Cir. 1995).