BEEZER, Circuit Judge:
Thurman Dickey ("Dickey") appeals from the district court's denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus, following conviction on first degree murder charges in Arizona. The district court found that the state trial court's jury instruction permitted the jury to presume "intent to kill" from Dickey's use of a deadly weapon. The district court concluded that the error was constitutional but,
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