Lon Martin v. Kenneth Quinn
Opinion
Opinion
ORDER
The Memorandum filed on December 30, 2011, is amended, and an Amended Memorandum, filed concurrently with this Order, is filed in its place. With these amend- merits, the panel has voted to deny the petition for panel rehearing. Judge McKeown and Judge Tallman vote to deny the petition for rehearing en banc and Judge Moskowitz so recommends.
The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.
The petition for panel rehearing and the petition for rehearing en banc are DENIED. No further petition for rehearing and/or petition for rehearing en banc shall be entertained.
AMENDED MEMORANDUM
Lon Martin appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction and 398-month sentence for first-degree murder. Martin challenges the district court’s denial and also argues that the district court erred by failing to grant his request to expand the record and for an evidentiary hearing. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.