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HAIN v. MULLIN

Nos. 03-5038, 03-5049.

327 F.3d 1177 (2003)

Scott Allen HAIN, Petitioner-Appellant, v. Mike MULLIN, Warden, Oklahoma State Penitentiary, Respondent-Appellee. Federal Public Defender for the Western District of Oklahoma, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

April 29, 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, and Kevin Danielson, Assistant United States Attorney, Tulsa, Oklahoma, for the United States. Susan M. Otto, Federal Public Defender, Western District of Oklahoma, Oklahoma City, OK, amicus curiae.

Before TACHA, Chief Judge, EBEL, KELLY, BRISCOE, LUCERO, MURPHY, HARTZ, O'BRIEN, and McCONNELL, Circuit Judges.

BRISCOE, Circuit Judge.

Petitioner Scott Allen Hain, an Oklahoma state prisoner sentenced to death for capital murder, filed these appeals challenging the district court's denial of his request for funding under 21 U.S.C. § 848(q)(8) and the district court's denial of his request for a stay of execution pending resolution of the § 848(q)(8) issue. We conclude that Hain's execution by the State of Oklahoma on April 3, 2003, has rendered these appeals moot...

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