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U.S. v. BERNARD

Nos. 13-70013, 13-70016.

762 F.3d 467 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Brandon BERNARD, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Christopher Andre Vialva, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 11, 2014.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, Mark Randolph Stelmach, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Austin, TX, for Plaintiff-Appellee.

Robert Charles Owen, Esq. , Northwestern University School of Law, Chicago, IL, John Robert Carpenter, Esq. , Assistant Federal Public Defender, Federal Public Defender's Office, Tacoma, WA, for Defendant-Appellant.

Before JOLLY, HIGGINBOTHAM and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge.

Brandon Bernard and Christopher Andre Vialva were convicted of capital murder under federal law and sentenced to death. Both defendants have filed federal habeas petitions pursuant to 28 U.S.C. § 2255, asserting, inter alia, ineffective assistance of counsel claims, Brady violations and cumulative error. After careful review, the district court denied an evidentiary hearing, denied the petitions, and did not certify...

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