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JIMENEZ v. WALKER

Docket No. 03-2980-PR.

458 F.3d 130 (2006)

Luis JIMENEZ, Petitioner-Appellant, v. Hans WALKER, Superintendent of Auburn Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 31, 2006.

Attorney(s) appearing for the Case

Joel A. Brenner, East Northport, NY, for Petitioner-Appellant.

Richard A. Brown, District Attorney, John M. Castellano and Donna Aldea, Assistant District Attorneys, Queens County, Kew Gardens, NY, submitted a brief for Respondent-Appellee.

Before WALKER, Chief Judge, FEINBERG and CARDAMONE, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Petitioner-appellant Luis Jimenez ("petitioner") appeals from a judgment of the United States District Court for the Eastern District of New York (Jack B. Weinstein, Judge), entered on November 4, 2003, denying his petition for a writ of habeas corpus. Jimenez presses two claims on appeal: (1) the state court's exclusion of evidence that the murder victim was carrying five ounces of heroin in his pocket denied Jimenez his right...

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