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GUNTER v. MALONEY

No. 01-2353.

291 F.3d 74 (2002)

Paul GUNTER, Petitioner, Appellee, v. Michael T. MALONEY, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided April 29, 2002.

Attorney(s) appearing for the Case

James M. Doyle with whom Carney & Bassil was on brief for appellee.

William J. Meade, Assistant Attorney General, with whom Thomas F. Reilly, Attorney General, was on brief for appellant.

Before LYNCH, Circuit Judge, and BOWNES and MAGILL, Senior Circuit Judges.

LYNCH, Circuit Judge.

Paul Gunter, convicted in 1996 of felony murder and other charges in Massachusetts and sentenced to life imprisonment, was granted a writ of habeas corpus by the federal district court on August 23, 2001. We reverse, vacate the writ, and dismiss the petition.

I.

The facts underlying Gunter's conviction are set out in detail in the opinion of the Massachusetts Supreme Judicial Court (SJC). Commonwealth v. Gunter,

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