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U.S. v. STITT

Nos. 05-10, 05-11.

459 F.3d 483 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Thomas STITT, a/k/a Patrick V. Hardy, a/k/a Tom Tom, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Richard Thomas Stitt, a/k/a Patrick V. Hardy, a/k/a Tom Tom, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 24, 2006.

Decided on Supplemental Briefing August 16, 2006.

Attorney(s) appearing for the Case

ARGUED: Amy Leigh Austin, Assistant Federal Public Defender, Gerald Thomas Zerkin, Assistant Federal Public Defender, Office of the Federal Public Defender, Richmond, Virginia, for Richard Thomas Stitt. Thomas Ernest Booth, United States Department of Justice, Criminal Division, Washington, D.C., for the United States. ON BRIEF: Frank W. Dunham, Jr., Federal Public Defender, Alexandria, Virginia; Jeffrey L. Stredler, Williams Mullen, Norfolk, Virginia, for Richard Thomas Stitt. Paul J. McNulty, United States Attorney, Howard J. Zlotnik, Assistant United States Attorney, Office of the United States Attorney, Alexandria, Virginia, for the United States.

Before WIDENER, WILLIAMS, and MOTZ, Circuit Judges.

Dismissed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge WIDENER and Judge WILLIAMS joined. Judge WILLIAMS wrote a separate concurring opinion.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge.

Richard Thomas Stitt filed this habeas action pursuant to 28 U.S.C. § 2255 (2000) after exhausting all direct appeals of his convictions of and capital sentence for drug, firearms, and capital murder offenses. The district court...

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