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545 U.S. ____ (2005)

SUPREME COURT OF THE UNITED STATES

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No. 04—6964

JAY SHAWN JOHNSON, PETITIONER v.
CALIFORNIA

ON WRIT OF CERTIORARI TO THE COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT

[June 13, 2005]

Justice Breyer, concurring.

I join the Court’s opinion while maintaining here the views I set forth in my concurring opinion in Miller-El v. Dretke, post, p.___.