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U.S. v. PAYNE

No. 07-5592.

539 F.3d 505 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Eben PAYNE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2008.

Attorney(s) appearing for the Case

ARGUED: Craig P. Fickling, Jr., Fickling & Madewell, Cookeville, Tennessee, for Appellant. David E. Hollar, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Craig P. Fickling, Jr., Fickling & Madewell, Cookeville, Tennessee, Richard B. Mazer, San Francisco, California, for Appellant. David E. Hollar, United States Department of Justice, Washington, D.C., Sunny A.M. Koshy, Assistant United States Attorney, Nashville, Tennessee, for Appellee.

Before: NORRIS, BATCHELDER, and GIBBONS, Circuit Judges.

OPINION

ALAN E. NORRIS, Circuit Judge.

Defendant was initially indicted in 1998 along with several co-defendants, and currently stands charged with multiple counts involving drugs, firearms, and violence, including multiple murders. The government has filed a notice of intent to seek the death penalty.

Since defendant's original indictment, he has been adjudicated incompetent to stand trial. In November 2005, doctors at the United States Medical...

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