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STOCKTON v. ANGELONE

No. 95-4011.

70 F.3d 12 (1995)

Dennis Waldon STOCKTON, Petitioner-Appellee, v. Ronald J. ANGELONE, Director, Virginia Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 26, 1995.

Attorney(s) appearing for the Case

Donald R. Curry, Senior Assistant Attorney General, John H. McLees, Jr., Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant.

Anthony F. King, Howrey & Simon, Washington, DC; Steven D. Rosenfield, Charlottesville, Virginia, for Appellee.

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

OPINION

PER CURIAM:

The Commonwealth of Virginia seeks to vacate a stay of execution granted by the district court in petitioner's case. Such stay was granted by the district court for the purpose of holding a future evidentiary hearing on petitioner's claim of actual innocence in the capital murder of one Kenneth Arnder. For the reasons set forth herein, we vacate the stay of execution and direct that our mandate issue forthwith.

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