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U.S. v. DAVIS

No. 03-30077.

380 F.3d 821 (2004)

UNITED STATES of America, Plaintiff-Appellant-Cross-Appellee, v. Len DAVIS, Defendant-Appellee-Cross-Appellant, Paul Hardy, also known as P., also known as Cool, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 4, 2004.

Attorney(s) appearing for the Case

Jennifer Levin (argued), Jessica Dunsay Silver, PHB, App. Sec., U.S. Dept. of Justice, Civ. Rights Div., Washington, DC, Michael Edward McMahon, Stephen A. Higginson, Asst. U.S. Attys., New Orleans, LA, for U.S.

Julian R. Murray, Jr. (argued), Chehardy, Sherman, Ellis, Breslin, Murray & Recile, Metairie, LA, Laurie Anne White, Laurie A. White & Associates, Carol A. Kolinchak, Capital Post-Conviction Project of Louisiana, New Orleans, LA, for Davis.

Herbert V. Larson, Jr. (argued), New Orleans, LA, Denise LeBoeuf, Capital Post-Conviction Project of Louisiana, New Orleans, LA, for Hardy.

Before BARKSDALE, EMILIO M. GARZA and STEWART, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Having been convicted in 1996 for a murder committed in 1994, Len Davis and Paul Hardy were sentenced to death under the Federal Death Penalty Act, 18 U.S.C. § 3591 et seq. (FDPA). On appeal, the convictions for one of the three counts of conviction were vacated; concomitantly, the death sentences were vacated; and the case was remanded for a new sentencing proceeding, with death being one of the possible sentences...

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