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EVANS v. MUNCY

No. 90-4007.

916 F.2d 163 (1990)

Wilbert Lee EVANS, Petitioner-Appellee, v. Raymond MUNCY; Edward Murray; Virginia Department of Corrections; Attorney General of the Commonwealth of Virginia, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 16, 1990.

Certiorari Denied October 17, 1990.

Attorney(s) appearing for the Case

Donald R. Curry (argued), Sr. Asst. Atty. Gen., Crim. Litigation Section, Office of Atty. Gen. of Va., Richmond, Va., for appellants.

Mark D. Cahn (argued), Wilmer, Cutler & Pickering, Washington, D.C. (Arthur F. Mathews, Thomas F. Connell, Wilmer, Cutler & Pickering, Washington, D.C., on brief), for appellee.

Before ERVIN, Chief Judge, and HALL and WILKINSON, Circuit Judges.

Certiorari Denied October 17, 1990. See 111 S.Ct. 309.

PER CURIAM:

Before this court is the Commonwealth of Virginia's motion to vacate a stay of execution entered by the United States District Court for the Eastern District of Virginia. We reverse the judgment of the district court and vacate the stay of execution.

I.

The facts surrounding the offense have been set forth in our prior opinion. Evans v. Thompson, 881...

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