                            UNITED STATES COURT OF APPEALS
                                    For the Fifth Circuit

                                _______________________________

                                          No. 95-30866
                                        Summary Calendar
                                _______________________________


                                           EARL LEWIS JR.,

                                                                  Petitioner-Appellant,


                                                VERSUS


                    BURL CAIN, Acting Warden, Louisiana State Penitentiary;
                   RICHARD P. IEYOUB, Attorney General, State of Louisiana,

                                                                  Respondents-Appellees.

                 _____________________________________________________

                          Appeal from the United States District Court
                             for the Eastern District of Louisiana
                 _____________________________________________________
                                     April 26, 1996

Before WISDOM, HIGGINBOTHAM, and PARKER, Circuit Judges.

PER CURIAM:*

        Earl Lewis Jr., the petitioner/appellant, appeals the district court’s dismissal of his petition for

writ of habeas corpus as successive pursuant to Rule 9(b) of the Rules Governing § 2254 Cases.

Lewis contends that the state trial court’s reasonable doubt instruction was erroneous. Lewis,

however, has not established a reasonable likelihood that the jury applied the challenged instruction

in a manner that violates the Constitution. 1 As a result, Lewis has not satisfied the cause-and-




   *
        Pursuant to Local Rule 47.5, the Court has determined that this opinion should not be published and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 Local Rule 47.5.4.
   1
       See Victor v. Nebraska, 114 S. Ct. 1239, 1247-51 (1994); Schneider v. Day, 73 F.3d 610, 611-12 (5th
Cir. 1996); Weston v. Ieyoub, 69 F.3d 73, 75 (5th Cir. 1995); Gaston v. Whitley, 67 F.3d 121, 122-23 (5th
Cir. 1995).
prejudice test and we find that the district court did not abuse its discretion to dismiss Lewis’s petition

as successive. AFFIRMED.




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