ROGERS, J., delivered the opinion of the court, in which SILER, J., joined.
CLAY, J. (pp. 510-13), delivered a separate concurring opinion.
OPINION
ROGERS, Circuit Judge.
Petitioner, sentenced under the federal arson statute provision for a higher maximum penalty "when death results," argues in this collateral attack upon his sentence that the jury, not the district judge, should have determined the fact that deaths resulted from the fire...
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