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U.S. v. WEATHERS

No. 06-3022.

493 F.3d 229 (2007)

UNITED STATES of America, Appellee v. Marc K. WEATHERS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 17, 2007.

Attorney(s) appearing for the Case

Beverly G. Dyer, Assistant Federal Public Defender, argued the cause for appellant. With her on the briefs was A.J. Kramer, Federal Public Defender.

Suzanne G. Curt, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Kenneth L. Wainstein, U.S. Attorney at the time the brief was filed, and Roy W. McLeese, III, and Thomas J. Tourish, Jr., Assistant U.S. Attorneys.

Before: TATEL, BROWN and GRIFFITH, Circuit Judges.

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

Awaiting trial on rape charges, Mark Weathers attempted to have the prosecutor, an informant, and the rape victims murdered. For that attempt, he was subsequently convicted on all counts of a six-count indictment. In his direct appeal, Weathers argued (1) two of the six counts duplicated other counts in the indictment and hence violated the Double Jeopardy Clause, and (2) his trial attorney...

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