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U.S. v. HAMMER

No. 98-9011.

226 F.3d 229 (2000)

UNITED STATES of America, v. David Paul HAMMER, Appellant.

United States Court of Appeals, Third Circuit.

Filed August 31, 2000.

Attorney(s) appearing for the Case

David M. Barasch, United States Attorney, Frederick E. Martin, Assistant United States Attorney, Williamsport, PA, Gwynn X. Kinsey, Jr., (argued), Attorney, United States Department of Justice, Criminal Division, Washington, DC, Attorneys for Appellee.

David Paul Hammer, (argued), Terre Haute, IN, Appellant pro se, Ronald C. Travis, Rieders, Travis, Mussina, Humphrey & Harris, Williamsport, PA, David A. Ruhnke, Ruhnke & Barrett, Montclair, NJ, Stand-by Attorneys for Appellant.

John J. Gibbons, Lawrence S. Lustberg, (argued), Jessica A. Roth Gibbons, Del Deo, Dolan, Griffinger & Vecchione, Newark, NJ, Attorneys for amicus curiae John J. Gibbons.

Before BECKER, Chief Judge, and STAPLETON and GREENBERG, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I.

A.

This matter comes before this court on David Paul Hammer's appeal from the judgment of conviction and sentence entered on November 4, 1998, in which the district court imposed a sentence of death. We will dismiss the appeal.

On April 13, 1996, Hammer, then an inmate at USP/Allenwood in Pennsylvania, murdered Andrew Marti, another inmate, by strangulation within a cell in the...

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