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HORTON v. ALLEN

No. 03-1423.

370 F.3d 75 (2004)

Russell J. HORTON, Petitioner, Appellant, v. Peter ALLEN, et al., Respondents, Appellees.

United States Court of Appeals, First Circuit.

Decided May 26, 2004.

Attorney(s) appearing for the Case

Emanuel Howard, for appellant.

Annette C. Benedetto, Assistant Attorney General with whom Thomas F. Reilly, Attorney General, was on brief, for appellees.

Before SELYA and HOWARD, Circuit Judges, and Singal, District Judge.

HOWARD, Circuit Judge.

Petitioner Russell Horton, a Massachusetts state prisoner convicted of two first-degree murders, appeals from the denial of his petition for a writ of habeas corpus. We affirm.

I. Factual Background

In June 1998, a jury convicted Horton of committing two first-degree murders and an assault with the intent to murder. We provide a summary of the evidence introduced at Horton's trial. See Commonwealth v. Horton,

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