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U.S. v. BARNETTE

Nos. 98-5, 98-11.

211 F.3d 803 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Aquilia Marcivicci BARNETTE, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Aquilia Marcivicci Barnette, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 2, 2000

Attorney(s) appearing for the Case

ARGUED: James Patrick Cooney, III, Kennedy, Covington, Lobdell & Hickman, L.L.P., Charlotte, North Carolina, for Appellant. Robert John Erickson, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: George V. Laughrun, II, Goodman, Carr, Nixon, Laughrun & Levine, Charlotte, North Carolina, for Appellant. Mark Calloway, United States Attorney, Robert J. Conrad, Jr., Assistant United States Attorney, Thomas G. Walker, Assistant United States Attorney, United States Department of Justice, Washington, D.C., for Appellee.

Before WIDENER and NIEMEYER, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed in part, vacated in part, and remanded by published opinion. Judge WIDENER wrote the opinion in which Judge NIEMEYER and Senior Judge MICHAEL joined.

OPINION

WIDENER, Circuit Judge:

Defendant, Aquilia Marcivicci Barnette, appeals his convictions and the district court's order sentencing him to death following his convictions. The government indicted and tried Barnette on 11 counts stemming from the murders of Donald Lee Allen and Robin Williams...

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