UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-30224 Summary Calendar

SAMMIE LEE HARRIS,

Petitioner-Appellant,

versus

WARDEN, AVOYELLES CORRECTIONAL CENTER,

Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Western District of Louisiana (98-CV-815) --------------------

October 20, 1999

Before POLITZ, WIENER, and STEWART, Circuit Judges.

PER CURIAM:*

Petitioner-Appellant Sammie Harris, Louisiana prisoner

#309967, appeals from the denial of his pro se habeas corpus

petition filed pursuant to

. Harris was granted a

certificate of appealability by the district court on two issues:

(1) whether he was entrapped and (2) whether his counsel rendered

ineffective assistance for failing to raise the defense of

entrapment.

Harris was not entrapped because he was not induced to engage

in criminal conduct. See Jones v. Jones,

(5th

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Cir. 1998), petition for cert. filed,___ S. Ct. ___, (July 13,

1999)(No. 99-5263). Thus, entrapment was not a viable defense, and

Harris cannot demonstrate prejudice arising from counsel’s failure

to raise the issue of entrapment.

AFFIRMED.

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