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BOOKER v. SINGLETARY

No. 94-2536.

90 F.3d 440 (1996)

Stephen Todd BOOKER, Petitioner-Appellee, v. Harry K. SINGLETARY, Jr., Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 17, 1996.

Attorney(s) appearing for the Case

Richard B. Martell, Chief, Capital Appeals, Department of Legal Affairs, Tallahassee, Florida, for Appellant.

James E. Coleman, Wilmer, Cutler & Pickering, Washington, D.C., for Appellee.

Before TJOFLAT, Chief Judge, and HATCHETT and DUBINA, Circuit Judges.

TJOFLAT, Chief Judge:

I.

In the previous appeal in this case, we affirmed the district court's issuance of a writ of habeas corpus, pursuant to 28 U.S.C. § 2254 (1994), setting aside the death sentence that the petitioner received following his conviction for first degree murder in Florida state court. Booker v. Dugger, 922 F.2d 633 (11th Cir.), cert. denied, 502 U.S. 900, 112 S.Ct. 277, 116 L.Ed.2d 228...

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