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PAULDING v. ALLEN

No. 04-1283.

393 F.3d 280 (2005)

Edward PAULDING, Petitioner, Appellant, v. Peter ALLEN, Superintendent of Cedar Junction-MCI at Walpole, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 5, 2005.

Attorney(s) appearing for the Case

Stephen Hrones, with whom Hrones & Garrity was on brief, for petitioner.

Dean A. Mazzone, Special Assistant Attorney General, Criminal Bureau, with whom Thomas F. Reilly, Attorney General, was on brief, for respondent.

Before LYNCH, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

HOWARD, Circuit Judge.

Edward Paulding appeals from the district court's dismissal of his petition for a writ of habeas corpus. See Paulding v. Allen, 303 F.Supp.2d 26 (D.Mass.2004). Paulding was convicted by a Massachusetts jury of felony murder in the first degree and is currently serving a life sentence. At Paulding's state court trial, the judge instructed the jury that it could find Paulding guilty of either first...

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