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CARDENAS v. DRETKE

No. 03-41425.

405 F.3d 244 (2005)

Ruben Ramirez CARDENAS, Petitioner-Appellant, v. Doug DRETKE, Director, Texas Department of Criminal Justice, Correctional Institutions Division, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

March 29, 2005.

Attorney(s) appearing for the Case

Robin Norris, Hart & Norris, El Paso, TX, Charles August Banker, III, McAllen, TX, for Cardenas.

Margaret L. Schmucker, Austin, TX, for Dretke.

Before BARKSDALE, GARZA and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Petitioner Ruben Ramirez Cardenas ("Cardenas"), a Mexican national, was convicted of capital murder and sentenced to death. Cardenas filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Texas pursuant to 28 U.S.C. § 2254. The district court denied the petition as well as Cardenas' request for a certificate of appealability ("COA"). Cardenas now requests a COA from this court...

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