United States Fourth Circuit

In an appeal claiming that trial counsel labored under a conflict of interest that adversely affected defendant's representation during the guilt phase of defendant-federal inmate's federal capital proceeding for murder, denial of habeas relief and sentence of life imprisonment plus 780 months is affirmed in part, reversed in part and remanded where: 1) the district court was correct in finding defendant was not entitled to relief as to his guilt-phase conflict of interest claim; however 2) the district court erred in finding section 848(g) was not saved by the general Savings Statute, 1 U.S.C.A. section 109; and thus 3) district court's decision to sentence defendant to life imprisonment plus 780 months without calling a new sentencing jury is reversed and remanded for a new capital sentencing hearing conducted pursuant to section 848(g).

Appellate Information

• Decided 12/24/2008
• Published 12/24/2008

Judges

Court

• United States Fourth Circuit

Counsel