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LUCERO v. KERBY

No. 95-2263.

133 F.3d 1299 (1998)

Raymond LUCERO, Petitioner-Appellant, v. Dareld L. KERBY, Attorney General of the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

January 8, 1998.

Attorney(s) appearing for the Case

Roger A. Finzel, Assistant Federal Public Defender, Albuquerque, NM, for Petitioner-Appellant.

Patricia A. Gandert, Assistant Attorney General (Tom Udall, Attorney General, with her on the brief), Attorney General's Office for the State of New Mexico, Santa Fe, NM, for Respondents-Appellees.

Before LUCERO, LOGAN, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Petitioner Raymond Lucero appeals the district court's dismissal of his federal habeas corpus petition, brought pursuant to 28 U.S.C. § 2254, following his convictions and sentencing in state court for aggravated burglary and criminal sexual penetration charges. On appeal from the dismissal of his habeas petition, petitioner asserts (1) the state trial court violated his Sixth Amendment right to trial by an impartial jury when it denied...

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