KEITH, J., delivered the opinion of the ourt, in which Clay, J., joined. GIBBONS, J. (pp. 678-83), delivered a separate dissenting opinion.
OPINION
KEITH, Circuit Judge.
Petitioner-Appellant Kenny Roy Miller ("Miller") is currently serving a life sentence after a state conviction for intentional murder, criminal attempt to commit murder, first-degree burglary, and being a first-degree persistent felony offender. Miller appeals from the district court...
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