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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

DUSTIN JOHN HIGGS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

* * * * * * * * * OPINION

Civil No. PJM 05-3180 Criminal No. PJM 98-0520

After finding Dustin Higgs guilty of the kidnapping and murder of Tamika Black, Mishann Chinn, and Tanji Jackson, a jury determined that he should receive the death penalty. The Court thereafter entered judgment on the verdict and Higgs appealed to the United States Court of Appeals for the Fourth Circuit, which affirmed the conviction and sentence. See United States v. Higgs, 353 F.3d 281 (4th Cir. 2003) ("Higgs I"). The Supreme Court denied Higgs' petition for writ of certiorari. Higgs v. United States, 543 U.S. 999 (2004). During the pendency of his appeal, Higgs filed a Motion for a New Trial, which this Court denied, a decision which the Fourth Circuit also affirmed. See United States v. Higgs, 95 F. App'x 37 (4th Cir. 2004), cert denied, Higgs v. United States, 543 U.S. 1004 (2004)) ("Higgs II"). Higgs has now filed a Motion for Relief Pursuant to 28 U.S.C.

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