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HAIN v. MULLIN

No. 05-5039.

436 F.3d 1168 (2006)

Scott Allen HAIN, Petitioner, v. Mike MULLIN, Warden, Oklahoma State Penitentiary at McAlester, Respondent. United States of America, Appellee, v. Steven M. Presson and Robert W. Jackson, Movants-Appellants. Federal Public Defender, Western District of Oklahoma, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

January 23, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:* Steven M. Presson and Robert W. Jackson, Jackson & Presson, P.C., Norman, OK, for Movants-Appellants.

David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, Northern District of Oklahoma, Tulsa, OK, for Appellee.

Susan M. Otto, Federal Public Defender for the Western District of Oklahoma, and Scott W. Braden, Assistant Federal Public Defender, Death Penalty Federal Habeas Corpus Division, Oklahoma City, OK, filed an amicus curiae brief for the Federal Public Defender for the Western District of Oklahoma in Support of Petitioner-Appellant.

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

LUCERO, Circuit Judge.

We granted initial en banc hearing of this case to consider the reach of 21 U.S.C. § 848(q)(4)(B), which provides federally-funded counsel for indigent state death row prisoners seeking federal habeas relief. Specifically, § 848(q)(4)(B) authorizes "the appointment of one or more attorneys and the furnishing of such other services in accordance with" 21 U.S.C. § 848(q)(8). Section (q)(8) of the statute in turn commands that "each...

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