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BREEST v. CUNNINGHAM

No. 85-1301.

784 F.2d 435 (1986)

Robert BREEST, Petitioner, Appellant, v. Michael CUNNINGHAM, Warden, New Hampshire State Prison, Respondent, Appellee.

United States Court of Appeals, First Circuit.

February 28, 1986.

Attorney(s) appearing for the Case

Alan Scribner, on brief for petitioner, appellant.

Andrew L. Isaac, Asst. Atty. Gen., with whom Stephen E. Merrill, Atty. Gen., were on brief for respondent, appellee.

Before COFFIN and ALDRICH, Circuit Judges, and ROSENN, Senior Circuit Judge.

COFFIN, Circuit Judge.

Petitioner Breest appeals from a decision of the district court denying his request for a writ of habeas corpus. We affirm the district court, finding that Breest has failed to meet the "cause" and "prejudice" requirements of Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497, 53 L.Ed.2d 594 (1977).

I.

Breest was convicted of first degree murder and sentenced to life imprisonment in New Hampshire...

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