Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge FISHER; Dissent by Judge RYMER. OPINION WILLIAM A. FLETCHER, Circuit Judge. In this capital case, petitioner John Es-piredion'Valerio appeals the district court’s dismissal of his petition for writ of habeas corpus under 28 U.S.C. § 2254 . We decide as follows: First, we…
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