U.S. v. AGOFSKY

No. 07-40330.

516 F.3d 280 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Shannon Wayne AGOFSKY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 31, 2008.


Attorney(s) appearing for the Case

Traci Lynne Kenner, Asst. U.S. Atty., Tyler, TX, for U.S.

Marjorie A. Meyers, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def., Houston, TX, for Agofsky.

Before GARZA, STEWART and OWEN; Circuit Judges.


OWEN, Circuit Judge:

In this direct criminal appeal, Shannon Wayne Agofsky challenges the district court's final judgment imposing a sentence of death. Because Agofsky's arguments were previously addressed by a panel of this court and that panel's decision was not clearly erroneous, we affirm.

I

As the previous panel noted, the evidence adduced at trial showed that Agofsky murdered Luther Plant, an inmate incarcerated with Agofsky at the federal...

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