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KENNAUGH v. MILLER

Docket No. 01-2281.

289 F.3d 36 (2002)

August KENNAUGH, Petitioner-Appellant, v. David H. MILLER, Superintendent of Eastern Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 12, 2002.

Attorney(s) appearing for the Case

Anthony V. Lombardino, Richmond Hill, New York, for Petitioner-Appellant.

Donna Aldea, Assistant District Attorney, Queens County, Kew Gardens, New York (Richard A. Brown, District Attorney, Queens County, Kew Gardens, New York, and John M. Castellano, Assistant District Attorney, Queens County, Kew Gardens, New York, of counsel), for Respondent-Appellee.

Before: LEVAL and CALABRESI, Circuit Judges, and DEARIE, District Judge.

CALABRESI, Circuit Judge:

Petitioner August Kennaugh appeals from an order of the United States District Court for the Eastern District of New York (Korman, J.) denying his habeas petition. Kennaugh was convicted in the Supreme Court of the State of New York, Queens County, of second degree murder, as well as on two counts of first degree robbery. His conviction arose out of a robbery and murder committed by three men on October 5, 1979. During the course of the robbery...

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