
USCA1 Opinion

	




          July 29, 1996                                [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                 ____________________        No. 95-2183                                RASHAD AKEEM RASHEED,                                Petitioner, Appellant,                                          v.                                    RONALD DUVAL,                                Respondent, Appellee.                                 ____________________                     APPEAL FROM THE UNITED STATES DISTRICT COURT                          FOR THE DISTRICT OF MASSACHUSETTS                   [Hon. Douglas P. Woodlock, U.S. District Judge]                                              ___________________                                 ____________________                                        Before                                Torruella, Chief Judge,                                           ___________                            Cyr and Stahl, Circuit Judges.                                           ______________                                 ____________________            Rashad Akeem Rasheed on brief pro se.            ____________________            Scott  Harshbarger,   Attorney  General,  and   Ellyn  H.   Lazar,            __________________                              _________________        Assistant Attorney General, on brief for appellee.                                 ____________________                                 ____________________                 Per Curiam.   We have  carefully reviewed the  record in                 __________            this case.  Essentially for the reasons given by the district            court  in its memorandum and order, dated August 28, 1995, we            affirm the dismissal of the  petition.  Petitioner has failed            to show  any external cause which prevented  him from raising            his present  claim when he  filed his earlier  federal habeas            petition in 1993.   Nor has he shown that failure  to address            the  merits  of  his  claim  will  result  in  a  fundamental            miscarriage of justice.1                                   1                 Affirmed.                 ________                                            ____________________               1While  this case  was  pending on  appeal, the  President               1            signed into law the Antiterrorism and Effective Death Penalty            Act  of  1996, Pub.  L. 104-132,  110  Stat. 1214  (April 24,            1996).   We need not decide  in this case whether  any of the            amendments  in the  Act apply  since it  would not  alter our            disposition.                                         -2-
