                     UNITED STATES COURT OF APPEALS
                          for the Fifth Circuit

                  _____________________________________

                               No. 96-11217
                  _____________________________________

                             BOBBY EDWARDS,

                                                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 Northern district of Texas
                              (1:96-CV-106)
         ______________________________________________________
                            February 9, 1998

Before DAVIS, WIENER, and PARKER, Circuit Judges.

PER CURIAM:*

         Essentially for the reasons stated by the district court, the

judgment of the district court rejecting petitioner's habeas claims

is affirmed.      To the extent petitioner attempts to present a new

claim to this court, which was not presented either to the state

court or to the federal district court, we decline to entertain

it.**


         *
      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this opinion should not be published and is not precedent except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.
        **
        Petitioner argues in his brief for the first time on appeal
that his counsel was ineffective because he failed to advise him of
his right to appeal his sentence following his open plea of guilty.
this is a different claim from the claim he presented to the state
court and to the district court where he asserted that his counsel
    AFFIRMED.




affirmatively advised him that no appeal could be taken from a
sentence following the entry of an open guilty plea.

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