Appeals court affirms execution in overthrow plot

LITTLE ROCK, Ark. (AP) - An appeals panel has upheld the federal death penalty for 1 of 2 men convicted in the slaying of an Arkansas family as part of a plot to create a whites-only nation in the Pacific Northwest.

Daniel Lee was sentenced to execution for the 1996 robbery and murder of a husband, wife and their 8-year-old daughter in the town of Tilly. The 8th U.S. Circuit Court of Appeals on Monday upheld Lee's sentence and conviction, even though co-defendant Chevie Kehoe was sentenced to life in prison.

Lee claimed on appeal that his lawyer was ineffective as jurors were being chosen and that the sentence was unconstitutional.

The three-judge appeals panel found that Lee didn't demonstrate problems with jury selection and that jurors properly considered factors leading to his death sentence.

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