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A federal appeals court has overturned the death sentence of an Oklahoma City man convicted of helping his lover kill her estranged husband.
 
A three-judge panel of the 10th U.S. Circuit Court of Appeals has ruled 2-1 and sent the case of James Pavatt back to the state. Two judges found that there isn't enough evidence to prove the 2001 shotgun shooting death of Rob Andrew was "especially heinous, atrocious or cruel."
 
The Oklahoman reports that state Attorney General Mike Hunter has asked for a rehearing of the June 9 ruling.
 
Pavatt and Brenda Andrew were convicted separately and both sentenced to death for the November 2001 shooting death of Rob Andrew.
 
Prosecutors say Pavatt and Brenda Andrew sought to collect an $800,000 life insurance policy on Rob Andrew.