Maier

*260 MEMORANDUM *

Defendant-Appellant Lloyd S. Maier appeals the denial of his petition for habeas corpus, claiming four grounds of constitutional error. He asserts that the trial court erred by allowing improper hearsay testimony, by improperly immunizing a witness from committing perjury at the trial, by limiting cross-examination on pri- or convictions of the witness who Maier asserted had actually committed the charged crime, and by allowing the prosecution to vouch for that witness. As a threshold matter, Maier asserts that this court does not have jurisdiction to hear this appeal, because the Certificate of Appealability was issued by a magistrate judge rather than an Article III judge. We hold that we do have jurisdiction, and affirm the district court’s denial of habeas relief.

On the matter of jurisdiction, Maier had originally agreed to a hearing before a magistrate judge, who eventually denied a certificate of appealability. That decision was appealed to this court, and we granted the certificate. As we have jurisdiction under our own certificate, the question of whether we have jurisdiction because of the magistrate judge’s ruling is moot. See Gatlin v. Madding, 189…