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U.S. v. VIALVA

No. 18-70007 Consolidated With No. 18-70008.

904 F.3d 356 (2018)

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

United States Court of Appeals, Fifth Circuit.

September 14, 2018.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, Michael Robert Hardy, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Susan M. Otto , Michael W. Lieberman , Assistant Federal Public Defender, Federal Public Defender's Office for the Western District of Oklahoma, Oklahoma City, OK, Jared Tyler , Tyler Law Firm, P.L.L.C., Houston, TX, for Defendant Appellant CHRISTOPHER ANDRE VIALVA.

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

Before HIGGINBOTHAM, JONES, and DENNIS, Circuit Judges.

Brandon Bernard and Christopher Andre Vialva were convicted of capital murder under federal law and sentenced to death. Both men moved for relief from judgment under Federal Rule of Civil Procedure 60(b)(6), seeking to reopen their initial habeas proceedings under 28 U.S.C. § 2255. The district...

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