The US Fifth Circuit Court of Appeal decided Monday that it would deny the appeal of the two count convictions of Brandon Lavergne for the first degree murders of Mickey Shunick and Lisa Pate.

Lavergne asserted that his sentence constituted cruel and unusual punishment because he had been kept in solitary confinement since his conviction pursuant to a provision in his written plea agreement.

The United States Court of Appeals says it declined to allow the appeal to proceed forward indicating that Lavergne has not made a requisite showing that the United States District Court’s rejection of these arguments was incorrect.

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