Lowe

MEMORANDUM **

Floyd Lowe appeals from the district court’s denial of his second amended petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We affirm because the district court correctly held that (1) the state court jury had sufficient evidence to convict Lowe of being a felon in possession of a firearm, despite the constitutional errors in other related convictions; and (2) counsel’s failure to appeal the firearm-possession conviction did not amount to ineffective assistance of counsel. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.

Following the denial of Lowe’s petition, the district court granted a certificate of appealability on three questions:

1. Does Lowe’s firearm-possession conviction violate due process because it is based on a jury verdict after a trial that has been infected by substantial constitutional errors as to all other verdicts?

2. If Lowe’s due process rights were thereby violated, does the failure of his appellate counsel to raise that issue constitute ineffective assistance of counsel?

3. Does Lowe’s 25-years-to-life sentence violate due process and the protection against…