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UNITED STATES v. FACKRELL

No. 18-40598.

991 F.3d 589 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Ricky Allen FACKRELL; Christopher Emory Cramer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED March 12, 2021.

Attorney(s) appearing for the Case

Joseph Robert Batte, Jr. , Assistant U.S. Attorney, U.S. Attorney's Office, Eastern District of Texas, Beaumont, TX, Bradley Elliot Visosky , Assistant U.S. Attorney, Stephan Edward Oestreicher, Jr. , U.S. Attorney's Office, Eastern District of Texas, Plano, TX, for Plaintiff-Appellee.

Donna F. Coltharp , Judy Fulmer Madewell , Assistant Federal Public Defender, Federal Public Defender's Office, Western District of Texas, San Antonio, TX, Nicole Wignall DeBorde, Esq. , Hochglaube & DeBorde, P.C., Houston, TX, for Defendant-Appellant Ricky Allen Fackrell.

Douglas Milton Barlow , Barlow Law Firm, Beaumont, TX, Sean Joseph Bolser , Federal Public Defender's Office, Eastern District of New York, Brooklyn, NY, Anthony Seymour Haughton, Esq. , Capital Resource Counsel Project, c/o Federal Public Defender Southern District of Texas, Houston, TX, for Defendant-Appellant Christopher Emory Cramer.

Before Stewart, Duncan, and Wilson, Circuit Judges.

We withdraw our prior opinion in United States v. Fackrell, No. 18-40598, 2021 WL 926905 (5th Cir. Mar. 11, 2021). The following opinion is substituted therefor.

Defendants Ricky Fackrell and Christopher Cramer were convicted and sentenced to death for the prison murder of Leo Johns, a fellow inmate...

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