SLOVITER, Circuit Judge, dissenting. The underlying facts in every death penalty case present a sordid story, and this case is no exception. Zettlemoyer’s murder of DeVesco, uncontested at trial and before us, was base. Although Zettlemoyer’s ha-beas counsel makes a valiant effort to challenge the conviction on the ground of ineffective assistance of counsel, I agree with the majority that in the end this argu…
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