                  UNITED STATES COURT OF APPEALS
                       FOR THE FIFTH CIRCUIT



                            No. 95-40938
                          Summary Calendar


                          BENNIE GRISMORE,

                                             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 Eastern District of Texas
                        USDC No. 6:93-CV-496
_________________________________________________________________
                            June 25, 1996
Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges.

PER CURIAM:*

     Bennie Grismore appeals, pro se, the dismissal of his 28

U.S.C. § 2254 petition.   He contends that his rights were violated

by the failure to apply retroactively new Texas state law requiring

a definition of reasonable doubt in the jury charge.   He contends

also that his due process rights were violated by the trial court’s

admission of evidence of an extraneous offense.      We affirm for


*
     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this opinion should not be published and is not precedent except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.
essentially the reasons adopted by the district court. Grismore v.

Collins, No. 6:93-CV-496 (E.D. Tex. October 26, 1995).   We do not

address Grismore's ineffective assistance of counsel contentions,

raised for the first time on appeal.

                                                   AFFIRMED




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