United States v. Weathers

Opinion for the Court filed by Circuit Judge BROWN.

BROWN, Circuit Judge:

Awaiting trial on rape charges, Mark Weathers attempted to have the prosecutor, an informant, and the rape victims murdered. For that attempt, he was subsequently convicted on all counts of a six-count indictment. In his direct appeal, Weathers argued (1) two of the six counts duplicated other counts in the indictment and hence violated the Double Jeopardy Clause, and (2) his trial attorney provided ineffective assistance by failing to assert that claim in a timely manner. This court rejected Weathers’s double jeopardy…