Clarence Collins v. Larry Norris

___________

No. 95-2985 ___________

Clarence Collins, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Larry Norris, Commissioner of * Corrections, * [UNPUBLISHED] * Appellee. *

___________

Submitted: July 5, 1996

Filed: July 17, 1996 ___________

Before FAGG, BOWMAN, and HANSEN, Circuit Judges. ___________

PER CURIAM.

Clarence Collins, an Arkansas prisoner, was convicted of burglary and sentenced as an habitual offender to forty years imprisonment. The Arkansas Supreme Court affirmed his conviction and sentence. Collins v. State, 826 S.W.2d 231, 232 (Ark. 1992). After pursuing state post- conviction remedies, Collins filed this 28 U.S.C. § 2254 petition for habeas corpus relief. The district court1 denied the petition without an evidentiary hearing, and Collins appeals.

After careful review of the record before us and the parties' briefs (including Collins's pro se supplemental brief), we conclude

1 The Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District of Arkansas, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).

the district court correctly denied Collins's petition. Accordingly, we affirm. See 8th Cir. R. 47B. We also deny Collins's motion for appointment of new counsel, as Collins was able to assert in his pro se supplemental brief the arguments he complained his counsel omitted.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.

-2-