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U.S. v. McCULLAH

No. 93-7118.

76 F.3d 1087 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. John Javilo McCULLAH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 5, 1996.

Attorney(s) appearing for the Case

Gary Peterson, Oklahoma City, Oklahoma (Stephen J. Greubel and Stephen J. Knorr of Office of Federal Public Defender, Tulsa, Oklahoma, with him on the brief), for defendant-appellant.

Robert J. Erickson, Department of Justice, Washington, DC (John Raley, United States Attorney, Sheldon J. Sperling and Paul G. Hess, Assistant United States Attorneys, Muskogee, Oklahoma, with him on the brief), for plaintiff-appellee.

Before SEYMOUR, Chief Judge, ANDERSON and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

This appeal challenges a death sentence imposed under the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 848(e). Defendant-appellant John Javilo McCullah was convicted of drug conspiracy, 21 U.S.C. § 846 (Count 1); conspiracy, 18 U.S.C. § 371 (Count 13); interstate travel with intent to commit murder, 18 U.S.C. §§ 1958, 2 (Count 14); and murder in furtherance of a continuing criminal enterprise, 21 U.S.C. § 848...

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