United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 97-4054 ___________ Steven J. Strauss, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri.

Lynda Taylor, Superintendent, * WMCC, * [UNPUBLISHED] * Appellee. * ___________ Submitted: December 24, 1998 Filed: April 19, 1999 ___________ Before LOKEN, HEANEY, and HANSEN, Circuit Judges. ___________ PER CURIAM.

Missouri inmate Steven J. Strauss appeals from the district court’s1 order denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. We find that his challenge to Missouri’s reasonable-doubt instruction is barred by Teague v. Lane, 489 U.S. 288 (1989). See Ramsey v. Bowersox, 149 F.3d 749, 757-58 (8th Cir. 1998); Murray v. Delo, 34 F.3d 1367, 1382 (8th Cir. 1994), cert. denied, 515 U.S. 1136 (1995). We therefore affirm the district court. See 8th Cir. R. 47B.

The Honorable Fernando J. Gaitan, Jr., United States District Judge for the Western District of Missouri.

HEANEY, Circuit Judge, concurring.

I concur in the result reached by the majority. I would affirm, however, on the grounds that the challenged instruction comports with the due process requirement reached in Sandoval v. California, 511 U.S. 1 (1994).

A true copy.

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

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