District court's denial of a petition for habeas relief of a defendant convicted of first degree murder is affirmed where: 1) defendant's jury instruction claim was procedurally defaulted; and 2) defendant's claim of ineffective assistance of counsel rejected as futile.
Appeal from the United States District Court for the District of Massachusetts
Decided November 3, 2009
Opinion by Howard, Circuit Judge
For Appellant: Joseph J. Balliro, Jr. , and Balliro & Mondano
For Appellee: Martha Coakley, Attorney General and Anne M. Thomas, Assistant Attorney General