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VARGAS v. KEANE

No. 877, Docket 95-2079.

86 F.3d 1273 (1996)

Adriano VARGAS, Petitioner-Appellant, v. John P. KEANE, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 30, 1996.

Attorney(s) appearing for the Case

Georgia J. Hinde, New York City, for petitioner-appellant.

Dian Kerr McCullogh, Assistant Attorney General, New York City (Dennis C. Vacco, Attorney General, Peter H. Schiff, Deputy Solicitor General, Nancy A. Spiegel, Assistant Attorney General for the State of New York, of counsel), for respondent-appellee.

Before: McLAUGHLIN and CABRANES, Circuit Judges, WEINSTEIN, District Judge.

JOSÉ A. CABRANES, Circuit Judge:

Petitioner Adriano Vargas appeals from a December 19, 1994, judgment of the United States District Court for the Southern District of New York (Michael B. Mukasey, Judge) dismissing his petition for a writ of habeas corpus under 28 U.S.C. § 2254. On appeal, Vargas contends that (1) the district court erred in concluding that the trial court's reasonable doubt instruction was not...

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