Clarence Victor v. Frank X. Hopkins

___________ No. 95-2801 ___________ Clarence Victor, * * Appellee, * * Appeal from the United States v. * District Court for the * District of Nebraska. Frank X. Hopkins, * * Appellant. * ___________ Submitted: December 14, 1995 Filed: July 19, 1996 ___________ Before BOWMAN and LOKEN, Circuit Judges, and WOLLE,* District Judge. ___________ BOWMAN, Circuit Judge. Pursuant to 28 U.S.C. § 1292(b) (1994), the District Court has certified the following question for our consideration: Can and should a federal district court in a federal habeas corpus action involving the death penalty hold the…