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No. 96-1714 ___________

Richard Lee Sanders * * Petitioner - Appellant * * Appeal from the United States v. * District Court for the Eastern * District of Missouri. Michael Bowersox, Superintendent* * [UNPUBLISHED] Respondent - Appellee * *

Submitted: November 21, 1996

Filed: December 10, 1996 ___________

Before MCMILLIAN and M. ARNOLD, Circuit Judges, and BOGUE,* District Judge. ___________

PER CURIAM.

Richard Lee Sanders (Sanders) was convicted of first degree murder, but the Missouri Court of Appeals reversed this conviction. On retrial, Sanders was again convicted and sentenced to life imprisonment without parole. The Missouri Court of Appeals affirmed both his conviction and the denial of post-conviction relief.

In his petition for federal habeas corpus relief, Sanders alleged he was denied his right to a fair trial, as well as his right to confront a witness against him. He also alleged ineffective assistance of trial counsel. The district court denied

*The HONORABLE ANDREW W. BOGUE, United States District Judge for the District of South Dakota, sitting by designation. relief, concluding that the unavailability of a witness at trial did not deprive Sanders of his confrontation rights and that his right to a fair trial was not abridged. The court further concluded that trial counsel's performance was not deficient.

On appeal, Sanders challenges only the confrontation and fair trial rights conclusions.

Having searched the record and considered the parties briefs we find no merit in Sanders' contentions, and we affirm on the basis of the district court's well-reasoned opinion. See 8th Cir. R. 47B.

A true copy.

Attest:

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

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