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MOORE v. KINNEY

No. 00-4079.

278 F.3d 774 (2002)

Carey D. MOORE, Appellant, v. Michael L. KINNEY, Warden of the Nebraska Penal and Correctional Complex, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 25, 2002.

Rehearing Granted; Opinion Vacated: March 29, 2002.

Attorney(s) appearing for the Case

Alan E. Peterson, Lincoln, NE, argued (Daniel E. Klaus, on the brief), for appellant.

J. Kirk Brown, Lincoln, NE, argued, for appellee.

Before MURPHY, HEANEY and BEAM, Circuit Judges.

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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