Rehearing En Banc Granted; Opinion Vacated: March 29, 2002.
HEANEY, Circuit Judge.
Carey Dean Moore was sentenced to death under the "exceptional depravity" component of Nebraska Revised Statutes § 29-2523(1)(d). Since that date, he has litigated the constitutionality of the definition of the aggravator, asserting that it is unconstitutionally vague in violation of the Eighth and Fourteenth Amendments. The district court determined that the state district...
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