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HAIN v. MULLIN

No. 03-5038.

324 F.3d 1146 (2003)

Scott Allen HAIN, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

March 26, 2003.

Attorney(s) appearing for the Case

Steven M. Presson and Robert W. Jackson of Jackson & Presson, P.C., Norman, OK, for Petitioner-Appellant.

W.A. Drew Edmondson, Attorney General of Oklahoma and Robert L. Whittaker, Assistant Attorney General, Criminal Division, Oklahoma City, OK for Respondent-Appellee.

David E. O'Meilia, United States Attorney, Kevin Danielson, Assistant United States Attorney, Tulsa, OK, on the Memorandum Brief for the United States.

Before BRISCOE, LUCERO and MURPHY, Circuit Judges.

BRISCOE, Circuit Judge.

Petitioner Scott Hain, an Oklahoma state prisoner convicted of capital murder and sentenced to death, appeals the district court's denial of his request for funding under 21 U.S.C. § 848(q)(8). At issue is whether § 848(q)(8) entitles state prisoners, such as Hain, to federally appointed and funded counsel to represent them in state clemency proceedings. Because we agree with the district court that § 848(q)(8) does not authorize...

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