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AMAYA-RUIZ v. STEWART

No. 96-99011.

121 F.3d 486 (1997)

Jose Jacobo AMAYA-RUIZ, Petitioner-Appellant, v. Terry STEWART, Director of the Arizona Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 2, 1997.

Resubmitted July 24, 1997.

Decided July 31, 1997.

Attorney(s) appearing for the Case

Edward H. Laber and Jose H. Robles, Tucson, AZ, for Appellant.

Paul J. McMurdie and Diane M. Ramsey, Attorney General's Office, Phoenix, AZ, for Appellee.

Before KOZINSKI, THOMPSON and FERNANDEZ, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge.

OVERVIEW

In 1985, a jury convicted Jose Jacobo Amaya-Ruiz of first degree murder, manslaughter, theft, and first degree burglary. The state trial court sentenced Amaya-Ruiz to death.

Amaya-Ruiz appeals the district court's denial of his first federal habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.1

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