TORRUELLA, Circuit Judge.
Petitioner appeals from an order of the U.S. District Court for the District of Massachusetts denying his petition for a writ of habeas corpus. We affirm that decision.
In 1975, James Gardner was convicted in Massachusetts state court of second degree murder for the beating of his girlfriend. Gardner filed an appeal which was dismissed two years later for failure to prosecute. Through new counsel, defendant then filed a motion for...
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