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OPINION WIDENER Circuit Judge This is the second time we have reviewed defendant Aquilia Marcivicci Barnette s death sentence. Vacated by Supreme Court October 3 2005 PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT Plaintiff-Appellee v. AQUILIA MARCIVICCI BARNETTE Defendant-Appellant. 230 F.3d at 1264. Both Chanthadara and Bernard are distinguishable from the case at bar. Unlike Chanthadara the jury instructions used by the distri...
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