MEMORANDUM OPINION AND ORDER
KENNELLY, District Judge.
FACTS & PROCEDURAL HISTORY
Tod Harding, his brother Gerald Harding and his cousin James Harland hatched a plan to steal guns from John Miller, the Hardings' uncle. The plan went awry, however, when they discovered that George Miller, Uncle John's mildly retarded son, was home when they got there. George was shot at least ten times and died. All three were eventually charged with...
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