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BURGESS v. COMMISSIONER, ALA. DEPT. OF CORRECTIONS

No. 12-10444.

723 F.3d 1308 (2013)

Alonzo Lydell BURGESS, Petitioner-Appellant, v. COMMISSIONER, ALABAMA DEPARTMENT OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 30, 2013.

Attorney(s) appearing for the Case

Kacey Keeton , John Anthony Palombi , Fed. Pub. Defenders, Fed. Def. Program, Inc., Montgomery, AL, for Petitioner-Appellant.

James Clayton Crenshaw , Andrew Lynn Brasher , James Roy Houts , John Cowles Neiman, Jr. , Jasper Beroujon Roberts, Jr. , Atty. Gen.'s Office, Montgomery, AL, for Respondent-Appellee.

Before BARKETT, WILSON and MARTIN, Circuit Judges.

BARKETT, Circuit Judge:

Alonzo Lydell Burgess, an Alabama prisoner under sentence of death, appeals the district court's order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus, as well as the district court's order denying his Federal Rule of Civil Procedure 59(e) motion to alter or amend that denial. The district court rejected, without conducting an evidentiary hearing, Burgess's claim that he is mentally retarded1

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