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Not for Publication in West's Federal Reporter Citation Limited Pursuant to 1st Cir. Loc.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. 02-2085 FRANCIS STEWART, Petitioner, Appellant, v. PAUL DIPAOLO, Respondent, Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS [Hon. George A. O'Toole, Jr., U.S. District Judge] Before Campbell and Stahl, Senior Circuit Judges, and Lynch, Circuit Judge.

Francis Stewart on brief pro se. Natalie S. Monroe, Assistant Attorney General, Criminal Bureau, Thomas F. Reilly, Attorney General, on brief for appellee.

July 15, 2003

Per Curiam. After a thorough review of the record and of the parties' submissions, we affirm. The Massachusetts Supreme Judicial Court ("SJC") found that Stewart's 1960 firearms conviction would have been admissible had Stewart taken the stand. Petitioner Francis Stewart

("Stewart") argues this conclusion was based on an erroneous factual premise: 1960 proceeding. that he was represented by counsel during the In a federal habeas action, the factual findings

of the state court are presumed correct, and the petitioner has the burden of rebutting the presumption by clear and convincing

evidence.

See 28 U.S.C.

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