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U.S. v. DUNCAN

No. 08-99031.

643 F.3d 1242 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Edward DUNCAN, III, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 11, 2011.

Attorney(s) appearing for the Case

Joseph Schlesinger , Assistant Federal Defender, Sacramento, CA, Mark E. Olive , Law Office of Mark E. Olive, P.A., Tallahasee, FL, for the defendant-appellant.

Wendy J. Olson and Syrena C. Hargrove , Assistant United States Attorneys, Boise, ID, for the plaintiff-appellee.

Before: SUSAN P. GRABER, RAYMOND C. FISHER, and MILAN D. SMITH, JR., Circuit Judges.

OPINION

GRABER, Circuit Judge:

Defendant Joseph Edward Duncan, III, pleaded guilty to three capital charges and seven other charges in connection with the kidnapping, sexual abuse, and murder of D.G., a 9-year-old boy, and the kidnapping and sexual abuse of Sh.G., an 8-year-old girl. Defendant exercised his right to represent himself during his penalty phase hearing. His lawyers challenged his competence to do so, but the district court rejected that challenge...

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