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                        as a courtesy to the reader. They are not part of the opinion of the court.

031207P.pdf   03/16/2004  USA  v.  Cornelius Peoples
   U.S. Court of Appeals Case No:  03-1207
   Western District of Missouri   
   Criminal case - criminal law. Applying the Supreme Court's reasoning 
   in Sattazahn v. Pennsylvania, 537 U.S. 101 (2003), the district court did 
   not err in denying defendant's motion to strike the government's notice of 
   intent to seek the death penalty on retrial [For this court's order directing 
   a retrial, see (No. 00-1618 U.S. v. Peoples 250 F.3d 630 (8th Cir. 2003)]; 
   government's withdrawal of its intent to seek the death penalty before the 
   jury had reached a decision on the issue did not preclude the government 
   from seeking death on retrial. Judge Riley, concurring. 
   [PUBLISHED] [Per Curiam]