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U.S. v. AGOFSKY

No. 04-41219.

458 F.3d 369 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Shannon Wayne AGOFSKY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 28, 2006.

Attorney(s) appearing for the Case

John Malcolm Bales, Asst. U.S. Atty. (argued), Lufkin, TX, John B. Stevens, Jr., Asst. U.S. Atty., Beaumont, TX, Traci Lynne Kenner, Asst. U.S. Atty., Tyler, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def. (argued), Houston, TX, for Agofsky.

Before DeMOSS, BENAVIDES and PRADO, Circuit Judges.

BENAVIDES, Circuit Judge:

In this direct criminal appeal, Shannon Agofsky challenges his two capital murder convictions and two death sentences, which arise out of a single killing. We vacate the convictions because, under the circumstances of this case, the dual murder convictions violated Agofsky's double jeopardy rights. We remand for the Government to elect which conviction and death sentence should remain.

I...

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