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                    No. 17-1107

In  the Supreme Court of the uniteb *tates


   MIKE CARPENTER,  INTERIM WARDEN,  PETITIONER
                        V.

             PATRICK DWAYNE  MURPHY
                  (CAPITAL CASE)


               ON WRIT OF CERTIORARI
        TO THE UNITED STATES COURT OF APPEALS
               FOR THE TENTH CIRCUIT


           BRIEF FOR THE UNITED STATES
     AS AMICUS CURIAE SUPPORTING  PETITIONER


                          NOEL J. FRANCISCO
                            Solicitor General
                            Counsel of Record
                          JEFFREY H. WOOD
                            Acting Assistant Attorney
                            General
                          EDWIN S. KNEEDLER
                            Deputy Solicitor General
                          ERICA L. Ross
                            Assistant to the Solicitor
                            General
                          WILLIAM B. LAZARUS
                          ELIZABETH ANN PETERSON
                          JAMES A. MAYSONETT
                            Attorneys
                            Department of Justice
                            Washington, D.C. 20530-0001
                            Supreme CtBriefs @usdoj. gov
                            (202) 514-2217

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