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ENGBERG v. WYOMING

No. 99-8092.

265 F.3d 1109 (2001)

Roy Lee ENGBERG, Petitioner-Appellant, v. State of WYOMING, and Wyoming Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

September 12, 2001.

Attorney(s) appearing for the Case

Martin J. McClain, Brooklyn, NY, for Petitioner-Appellant.

Hugh L. Kenny, Senior Assistant Attorney General, Office of the Wyoming Attorney General, Cheyenne, WY, for Respondents-Appellees.

Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and BROWN, District Judge.

SEYMOUR, Circuit Judge.

Roy Lee Engberg seeks leave to appeal the denial of his federal motion for a writ of habeas corpus under 28 U.S.C. § 2254. We grant his request for a certificate of appealability1 and affirm the judgment of the district court.

I

The resolution of Mr. Engberg's claims depends in part on whether a piece of evidence excluded from trial was sufficient...

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