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JIMENEZ v. FLORIDA DEPT. OF CORRECTIONS

No. 06-14523.

481 F.3d 1337 (2007)

Jose JIMENEZ, Petitioner-Appellant, Cross-Appellee, v. FLORIDA DEPARTMENT OF CORRECTIONS, Secretary James McDonough, Respondent-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 23, 2007.

Attorney(s) appearing for the Case

Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Jimenez.

Sandra Sue Jaggard, Miami, FL, for Appellee.

Before TJOFLAT, BLACK and CARNES, Circuit Judges.

PER CURIAM:

Jose Jimenez, a Florida prisoner under a sentence of death, seeks a certificate of appealability (COA) to appeal the district court's denial of his 28 U.S.C. § 2254 federal habeas corpus petition. We deny the application for a COA.

I. BACKGROUND

In 1994, Jimenez was convicted for first-degree murder and burglary with assault and battery in an occupied dwelling. The jury unanimously recommended Jimenez receive a death sentence for...

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