United States Court of Appeals FOR THE EIGHTH CIRCUIT _____________

No. 97-1815MN _____________

Thomas Louis Smykalski, * * Appellant, * * Appeal from the United States v. * District Court for the District * of Minnesota. Lou Stender, Warden of Minnesota * Correctional Facility, Faribault, * [UNPUBLISHED] * Appellee. * _____________

Submitted: October 20, 1997 Filed: October 30, 1997 _____________

Before FAGG, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges. _____________

PER CURIAM.

Thomas Louis Smykalski appeals the district court's denial of Smykalski's 28 U.S.C. § 2254 petition for writ of habeas corpus. Having considered the record and the parties' briefs, we agree with the district court that Smykalski failed to satisfy the prejudice requirement set forth in Strickland v. Washington, 466 U.S. 668, 694 (1984). Specifically, Smykalski failed to show there was a reasonable probability he would have acknowledged his guilt and accepted a plea offer had he been properly advised about the risks of trial. See Engelen v. United States, 68 F.3d 238, 241 (8th Cir. 1995). Alternatively, Smykalski invites this panel to relieve Smykalski of his burden to establish prejudice and to reinstate the cumulative error test in this circuit. Contrary to Smykalski's view, we are not at liberty to modify the Strickland decision. Likewise, we are not permitted to alter the holding of another panel of this court about the cumulative impact of an attorney's errors. See Girtman v. Lockhart, 942 F.2d 468, 474- 75 (8th Cir. 1991). We also decline to consider arguments raised for the first time on appeal. The district court correctly denied Smykalski relief and further discussion is not warranted. We affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

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

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