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[NOT FOR PUBLICATION]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-