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GOMES v. BRADY

No. 08-1810.

564 F.3d 532 (2009)

Carlos Luis GOMES, Petitioner, Appellant, v. Superintendent Bernard BRADY, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided May 6, 2009.

Attorney(s) appearing for the Case

Leslie W. O'Brien, by Appointment of the Court, for appellant.

Randall E. Ravitz, Assistant Attorney General, with whom Martha Coakley, Attorney General, was on brief, for appellee.

Before BOUDIN, STAHL, and LIPEZ, Circuit Judges.

STAHL, Circuit Judge.

Carlos Luis Gomes was convicted in Massachusetts Superior Court of first degree murder. After exhausting his state court remedies, Gomes sought a writ of habeas corpus, pursuant to 28 U.S.C. § 2254, in federal district court, alleging that a prosecutorial comment during summation violated his Fifth Amendment rights and that his trial counsel was constitutionally ineffective. The district court denied the petition, and we affirm.

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