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KUENZEL v. ALLEN

No. 06-11986.

488 F.3d 1341 (2007)

William Ernest KUENZEL, Petitioner-Appellant, v. Richard F. ALLEN, Commissioner of Alabama Department of Corrections, Attorney General of Alabama, Respondents-Appellees,

United States Court of Appeals, Eleventh Circuit.

June 13, 2007.

Attorney(s) appearing for the Case

David A. Kochman, Jeffrey E. Glen, Anderson, Kill & Olick, P.C., New York City, Rick L. Burgess (Court-Appointed), Birmingham, AL, for Kuenzel.

J. Clayton Crenshaw, Montgomery, AL, for Respondents-Appellees.

Before EDMONDSON, Chief Judge, and ANDERSON and DUBINA, Circuit Judges.

PER CURIAM:

William Ernest Kuenzel ("Kuenzel") appeals the district court's denial of his petition for habeas relief under 28 U.S.C. § 2254. The only question before us is whether Kuenzel has satisfied the exceptions to the procedural bar announced in Siebert v. Allen, 455 F.3d 1269 (11th Cir. 2006) ("Siebert II"). We decline to address this issue when the district court has not; and, therefore, we vacate the district...

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