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U.S. v. BARNETTE

No. 10-2.

644 F.3d 192 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Aquilia Marcivicci BARNETTE, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: May 3, 2011.

Attorney(s) appearing for the Case

ARGUED: Mark Evan Olive , Tallahassee, Florida, for Appellant. Jeffrey B. Kahan , United States Department of Justice, Washington, D.C., for Appellee. ON BRIEF: Claire J. Rauscher , Executive Director, Ross H. Richardson , Assistant Federal Defender, Federal Defenders of Western North Carolina, Inc., Charlotte, North Carolina, for Appellant. Lanny A. Breuer , Assistant Attorney General, Greg Andres , Deputy Assistant Attorney General, United States Department of Justice, Washington, D.C.; Anne M. Tompkins , United States Attorney, Charlotte, North Carolina, for Appellee.

Affirmed by published opinion. Judge DAVIS wrote the majority opinion, in which Judge NIEMEYER concurred, and in which Judge KEENAN concurred except as to Part III.A.1. Judge KEENAN wrote a separate opinion concurring in part and concurring in the judgment.

OPINION

DAVIS, Circuit Judge:

This federal capital case is before us for the fourth time. See United States v. Barnette, 211 F.3d 803 (4th Cir.2000) (hereinafter Barnette I); United States v. Barnette, 390 F.3d 775 (4th Cir.2004), vacated and remanded, 546 U.S. 803, 126 S.Ct. 92, 163 L.Ed.2d 32 (2005) (hereinafter Barnette II); United States v. Barnette...

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