United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 4, 2005
Charles R. Fulbruge III
Clerk
No. 04-20396
Summary Calendar
ALFRED BRUCE CROSS,
Petitioner-Appellant,
versus
DOUG DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL
JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION,
Respondent-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:00-CV-4438
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Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.
PER CURIAM:*
Alfred Bruce Cross, Texas prisoner # 781787, appeals the
denial of his 28 U.S.C. § 2254 petition challenging his bribery
conviction. The issue on which a certificate of appealability
was granted is “whether Cross’s trial was rendered fundamentally
unfair by the trial court’s exclusion as inadmissible hearsay of
Cross’s proffered testimony concerning his conversations with
Deputy Odem.” See Cross v. Dretke, No. 04-20396 (5th Cir. Sept.
8, 2004) (unpublished).
*
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this opinion should not be published and is not precedent except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.
No. 04-20396
-2-
We hold that the state court’s determination that, even if
error, the evidentiary ruling was harmless was neither contrary
to clearly established federal law as determined by the Supreme
Court nor based on an unreasonable determination of the facts in
light of the evidence presented in the state-court proceedings.
28 U.S.C. § 2254(d); Williams v. Taylor, 529 U.S. 362, 411-12
(2000). Cross introduced evidence that he was induced to commit
the offense, but, finding his testimony not credible, the jury
rejected the entrapment defense. The record does not support a
determination that Cross’s proffered testimony, largely
cumulative of his trial testimony, would have had “substantial
and injurious effect or influence in determining the jury’s
verdict” and was therefore harmless. See Brecht v. Abrahamson,
507 U.S. 619, 631 (1993).
AFFIRMED.