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U.S. v. BASHAM

No. 05-5.

561 F.3d 302 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Brandon Leon BASHAM, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: March 30, 2009.

Attorney(s) appearing for the Case

ARGUED: Melissa Anne Meister, Jenner & Block, L.L.P., Washington, D.C.; Timothy Joseph Sullivan, Brennan, Sullivan & McKenna, L.L.P., Greenbelt, Maryland, for Appellant. Thomas Ernest Booth, United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: David W. DeBruin, Stephen L. Ascher, Kali N. Bracey, Thomas G. Pulham, Eric R. Haren, Jenner & Block, L.L.P., Washington, D.C., for Appellant. William W. Wilkins, III, United States Attorney, Robert F. Daley, Assistant United States Attorney, Office of the United States Attorney, Columbia, South Carolina; Scott N. Schools, United States Department of Justice, Washington, D.C., for Appellee.

Affirmed by published opinion. Chief Judge WILLIAMS wrote the opinion, in which Judge TRAXLER and Judge KING joined.

OPINION

WILLIAMS, Chief Judge:

A jury sitting in the District of South Carolina sentenced Brandon Leon Basham to death for the carjacking and kidnapping resulting in the death of Alice Donovan in 2002. In this appeal, Basham raises six claims of error relating to both the guilt and penalty phases of his capital trial: (1) the district court abused its discretion in failing to grant Basham's motion for a new trial or a new sentencing proceeding after learning...

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