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HODGE v. F.B.I.

No. 11-5089.

703 F.3d 575 (2013)

Benny Lee HODGE, Appellant v. FEDERAL BUREAU OF INVESTIGATION and United States Department of Justice, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 2013.

Attorney(s) appearing for the Case

Elizabeth Anne Cassady argued the cause for appellant. On the brief were Margaret K. Pfeiffer and Mary-Louise M. Huth .

Jeremy S. Simon , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence , Assistant U.S. Attorney.

Opinion for the Court filed by Circuit Judge KAVANAUGH.

KAVANAUGH, Circuit Judge:

Benny Lee Hodge was convicted in Kentucky state court of three murders, and he was sentenced to death. The murders occurred during the summer of 1985. Hodge's conviction and sentence have been affirmed on appeal in state court and in state and federal habeas proceedings. See Hodge v. Commonwealth, 2011 WL 3805960 (2011) (unpublished opinion); Hodge v. Haeberlin, 579 F.3d 627 (6th Cir.2009);...

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