Meyer v. Dretke , 104 F. App'x 956 ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT July 14, 2004
Charles R. Fulbruge III
Clerk
No. 03-11195
Summary Calendar
CHARLES ALLEN MEYER,
Petitioner-Appellant,
versus
DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:02-CV-552-A
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Before HIGGINBOTHAM, DAVIS, and PRADO, Circuit Judges.
PER CURIAM:*
Charles Allen Meyer, Texas prisoner number 875969, appeals
the district court’s denial of his 28 U.S.C. § 2254 application.
A certificate of appealability was granted as to the issue
whether the district court erred in rejecting Meyer’s speedy-
trial claim under the standard of review in 28 U.S.C. § 2254(d).
Meyer contends that the decision of the state appellate court
affirming his convictions was contrary to established Supreme
Court precedent in Moore v. Arizona, 414 U.S. 25 (1973) 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this opinion should not be published and is not precedent except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.
No. 03-11195
-2-
Doggett v. United States, 505 U.S. 647 (1992), as it required him
to make an affirmative showing of prejudice. Meyer contends
that, under Moore and Doggett, prejudice must be presumed.
The state appellate court properly balanced the four factors
delineated in Barker v. Wingo, 407 U.S. 514, 530 (1972). The
state court’s decision does not indicate that the court
considered this to be a case in which the first three factors
weighed so heavily in Meyer’s favor that a showing of prejudice
was unnecessary. Doggett, 505 U.S. at 655-56. Meyer has not
shown that the decision of the state appellate court was contrary
to, or involved an unreasonable application of, the above cases.
See 28 U.S.C. § 2254(d)(1); Williams v. Taylor, 529 U.S. 362,
405-06, 409 (2000).
AFFIRMED.