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U.S. v. MITCHELL

No. 03-99010.

502 F.3d 931 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Lezmond C. MITCHELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2007.

Attorney(s) appearing for the Case

Celia M. Rumann, Assistant Federal Public Defender, Phoenix, AZ, and Michael P. O'Connor, Tempe, AZ, for appellant Lezmond Mitchell.

Daniel R. Drake, Assistant United States Attorney, and Vincent Q. Kirby, Assistant United States Attorney, Phoenix, AZ, for appellee the United States.

Opinion by Judge RYMER; Dissent by Judge REINHARDT.

RYMER, Circuit Judge:

Lezmond Mitchell, a Navajo, appeals his conviction and sentence for first degree murder, 18 U.S.C. §§ 1111, 1153, felony murder, 18 U.S.C. §§ 1111, 2111, carjacking resulting in death, 18 U.S.C. § 2119, and related federal crimes involving other Navajos on the Navajo Indian reservation in Arizona. A jury convicted Mitchell on all counts. Mitchell faced capital punishment under the Federal Death Penalty Act (FDPA), 18...

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