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JENNINGS v. McDONOUGH

No. 05-16363.

490 F.3d 1230 (2007)

Bryan F. JENNINGS, Petitioner-Appellant, Cross-Appellee, v. James McDONOUGH, Secretary, Florida Department of Corrections, Bill McCollum, Attorney General for the State of Florida, Respondents-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 3, 2007.

Attorney(s) appearing for the Case

Martin J. McClain (Court-Appointed), Wilton Manors, FL, for Jennings.

Kenneth Sloan Nunnelley, Dept of Legal Affairs, Daytona Beach, FL, for Appellees.

Before TJOFLAT, ANDERSON and MARCUS, Circuit Judges.

ANDERSON, Circuit Judge:

Bryan F. Jennings, a Florida prisoner sentenced to death for the 1979 murder of Rebecca Kunash, appeals the district court's denial of his petition for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254. After denying the writ, the district court granted a certificate of appealability on Jennings's claim that his sentence was rendered unconstitutional by the application of two invalid aggravating factors—that the murder...

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