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Federal court upholds Michigan death penalty sentence

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A federal appeals court has upheld the conviction and death sentence of a west Michigan man who murdered a young mother and her baby in 1997.

Michigan law does not allow for the death penalty, however, the murder occurred in a national forest. That led prosecutors to charge the suspect, Marvin Gabrion, under federal law, which does allow the death penalty.

Gabrion was convicted in the case over a decade ago, and has been appealing the verdict ever since. Police say he murdered 19-year-old Rachel Timmerman to prevent her from testifying in a separate rape case. 

Gabrion could still appeal the case to the U.S. Supreme Court.

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