CUDAHY, Circuit Judge:
On July 31, 1986, a Ouachita Parish, Louisiana grand jury indicted Petitioner Kenneth Magouirk for the first degree murder of Katherine Thomas. In October 1986, the government amended the indictment to charge Magouirk with second degree murder. At Magouirk's first trial, in 1987, the jury was also instructed on lesser included offenses. The jury found Magouirk guilty of manslaughter, and in September 1987 Magouirk was sentenced to serve 21 years...
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