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UNITED STATES v. MacDONALD

No. 85-6208.

779 F.2d 962 (1985)

UNITED STATES of America, Appellee, v. Jeffrey R. MacDONALD, Appellant, National Association of Criminal Defense Lawyers, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided December 17, 1985.

Attorney(s) appearing for the Case

Brian O'Neill (Myrna K. Greenberg, Santa Monica, Cal., on brief), for appellant.

Brian M. Murtagh, Sp. Asst. U.S. Atty., John F. De Pue, Dept. of Justice, Washington, D.C., (Samuel T. Currin, U.S. Atty., Raleigh, N.C., on brief) for appellee.

(Ephraim Margolin, Chairman, Amicus Curiae Committee, Natl. Ass'n of Criminal Defense Lawyers, San Francisco, Cal., on brief), for amicus curiae.

Before RUSSELL and MURNAGHAN, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

HAYNSWORTH, Senior Circuit Judge:

Jeffrey MacDonald was convicted of the gruesome murder of his wife and two young daughters, and his convictions were affirmed on appeal. United States v. MacDonald, 688 F.2d 224 (4th Cir.1982). Subsequently he filed two motions for relief under 28 U.S.C. § 2255, one motion for a new trial under Rule 33 F.R.Cr.P., and a fourth motion under 28 U.S.C. § 455 to have the trial judge recuse...

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