FAIRCHILD, Senior Circuit Judge.
This is an appeal from a denial of a writ of habeas corpus. Petitioner is in custody as a result of his conviction and sentence in an Indiana court. His sole claim is that the trial judge gave a coercive charge to the jury at 1:55 a.m. after approximately ten hours of deliberation. The relevant portion of the transcript is set out in the decision of the district court, Ortiz v. Duckworth,
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