United States v. Hager

721 F.3d 167 (2013)

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United States v. Hager

United States Court of Appeals for the Fourth Circuit
721 F.3d 167 (2013)

SR

Facts

Thomas Morocco Hager (defendant), Arlington Johnson, and Lonnie Barnett were involved in the sale and distribution of crack cocaine in Washington, D.C. In October 1993, Hager shot Christopher Fletcher and Ric Pearson, two members of a nearby drug gang, because they were in possession of one of his guns. Hager went into hiding at his girlfriend’s apartment, which also became his safe house for hiding drugs, money, and guns. In November 1993, Barbara White attempted to visit Hager’s girlfriend. Hager feared that White, who shared a child with a member of Fletcher and Pearson’s gang, would divulge his location to them. On November 29, 1993, Hager, Johnson, and Barnett went to White’s apartment and killed her. Johnson and Barnett acted at Hager’s direction. At trial, the jury found that Hager, Johnson, and Barnett had been engaged in a conspiracy to distribute over 50 grams of crack cocaine and that White’s killing occurred while Hager was engaged in that conspiracy. Hager was convicted under 21 U.S.C. § 848(e)(1)(A) and sentenced to death. Hager appealed.

Rule of Law

Issue

Holding and Reasoning (Floyd, J.)

Dissent (Wynn, J.)

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