Rosa v. Maloney ( 2006 )


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  •                  Not For Publication in West's Federal Reporter
    Citation Limited Pursuant to 1st Cir. Loc. R. 32.3
    United States Court of Appeals
    For the First Circuit
    No. 05-2796
    THOMAS ROSA, JR.,
    Petitioner, Appellant,
    v.
    MICHAEL T. MALONEY,
    Respondent, Appellee.
    APPEAL FROM THE UNITED STATES DISTRICT COURT
    FOR THE DISTRICT OF MASSACHUSETTS
    [Hon. Nancy Gertner, U.S. District Judge]
    Before
    Boudin, Chief Judge,
    Torruella and Dyk,* Circuit Judges.
    Kathleen M. McCarthy, was on brief, for appellant.
    Susanne G. Reardon, Assistant Attorney General, Criminal
    Bureau, with whom Thomas F. Reilly, Attorney General, were on
    brief, for appellee.
    September 7, 2006
    *
    Of the Federal Circuit, sitting by designation.
    Per Curiam. Petitioner Thomas Rosa, Jr. ("Rosa") appeals
    the district court's denial of his petition for a writ of habeas
    corpus under 
    28 U.S.C. § 2254
    .              Rosa claims that his Massachusetts
    state      court    conviction   for    murder     in   the   first   degree   and
    kidnaping, Commonwealth v. Rosa, 
    422 Mass. 18
     (1996), should be set
    aside on two grounds. First, Rosa alleges that post-conviction DNA
    testing casts doubt on his original conviction.                       Second, the
    prosecution lost two pieces of evidence before DNA-testing could be
    performed.         The district court found that neither ground was a
    viable challenge to Rosa's conviction.               After carefully reviewing
    the parties' arguments, we affirm substantially for the reasons set
    out   by    the    district   court    in    its   thorough   and   well-reasoned
    memorandum and order.            We find no arguments requiring further
    discussion on appeal.
    Affirmed.
    -2-
    

Document Info

Docket Number: 05-2796

Filed Date: 9/7/2006

Precedential Status: Precedential

Modified Date: 12/21/2014