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U.S. v. GULLEY

No. 06-41528.

526 F.3d 809 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Arzell GULLEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 30, 2008.

Attorney(s) appearing for the Case

Traci Lynne Kenner, Asst. U.S. Atty. (argued), Tyler, TX, Joseph R. Batte, Asst. U.S. Atty., Beaumont, TX, for U.S.

Zachary Joseph Hawthorn (argued), Law Office of Joseph C. Hawthorn, Beaumont, TX, for Gulley.

Before KING, DeMOSS and SOUTHWICK, Circuit Judges.

PER CURIAM:

The opinion previously filed in this case, United States v. Gulley, 2008 WL 932285 (5th Cir. April 8, 2008), is withdrawn and the following is substituted.

On April 20, 2005, Arzell Gulley was charged in a two-count indictment. Count One charged Gulley with the murder of Daryl Brown in violation of 18 U.S.C. § 1111, and aiding and abetting Brown's murder in violation of 18 U.S.C. § 2....

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