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U.S. v. WILK

No. 05-12694.

452 F.3d 1208 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth WILK, a.k.a. Kenneth P. Wilk, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 20, 2006.

Attorney(s) appearing for the Case

Jeffrey A. Lamken, Baker Botts L.L.P., Washington, DC, William Donald Matthewman (Court-Appointed), Seiden, Alder & Matthewman, P.A., Boca Raton, FL, J. Rafael Rodriguez (Court-Appointed), Rodriguez & Fernandez, PA, Miami, FL, for Wilk.

Evelio J. Yera, Anne R. Schultz, Asst. U.S Atty., Miami, FL, for U.S.

Before DUBINA and HULL, Circuit Judges, and RESTANI, Judge.

HULL, Circuit Judge:

Appellant Kenneth Wilk ("Wilk") appeals the district court's denial of his motion to strike the government's Notice of Intent to Seek the Death Penalty (the "Death Notice") and to bar the government from seeking the death penalty in his trial for the murder of Deputy Sheriff Todd M. Fatta ("Fatta") and other charges. Wilk asserts that the Death Notice was not provided to him "a reasonable time before the trial" as required by 18 U.S.C. §...

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