United States v. Agofsky

OWEN, Circuit Judge:

In this direct criminal appeal, Shannon Wayne Agofsky challenges the district court’s final judgment imposing a sentence of death. Because Agofsky’s arguments were previously addressed by a panel of this court and that panel’s decision was not clearly erroneous, we affirm.

I

As the previous panel noted, the evidence adduced at trial showed that Agof-sky murdered Luther Plant, an inmate incarcerated with Agofsky at the federal penitentiary in Beaumont, Texas. 1 Agof-sky killed Plant by striking him and then repeatedly stomping his head and neck after he fell to the concrete…