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U.S. v. HAMMER

Nos. 06-9000, 06-9001.

564 F.3d 628 (2009)

UNITED STATES of America, Appellee/Cross-Appellant v. David Paul HAMMER, Appellant/Cross-Appellee.

United States Court of Appeals, Third Circuit.

Filed: May 11, 2009.

Attorney(s) appearing for the Case

Anne L. Saunders, Esq., Office of Federal Public Defender, Harrisburg, PA, Matthew Stiegler, Esq., [Argued], Defender Association of Philadelphia, Federal Court Division, Michael Wiseman, Esq., Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellant/Cross-Appellee.

Gwynn X. Kinsey, Jr., Esq., [Argued], U.S. Department of Justice, Criminal Division, Capital Case Unit, Washington, DC, Frederick E. Martin, Esq., Office of United States Attorney, Williamsport, PA, for Appellee/Cross-Appellant.

Before: McKEE, RENDELL and NYGAARD, Circuit Judges.

OPINION OF THE COURT

RENDELL, Circuit Judge.

David Paul Hammer pled guilty to murder in 1998 and was sentenced to death. He appeals from the District Court's denial of relief under 28 U.S.C. § 2255 for his guilt-phase claims. The government appeals from the District Court's order that Hammer be resentenced. We will dismiss the appeals, as we lack jurisdiction because the orders of the District Court are not final.

I. Factual Background

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