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In this photo provided by the Omaha Police Department is Adonus Moses. Police say Moses is one four men charged Wednesday, Jan. 29, 2014 in shooting death of 5-year-old Payton Benson who was struck by a stray bullet while eating breakfast in her Omaha home. (AP Photo/Omaha Police Department)

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In this photo provided by the Omaha Police Department is Jacob Brown. Police say Brown is one four men charged Wednesday, Jan. 29, 2014 in shooting death of 5-year-old Payton Benson who was struck by a stray bullet while eating breakfast in her Omaha home. (AP Photo/Omaha Police Department)

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In this photo provided by the Omaha Police Department is Jaylen Montgomery. Police say Montgomery is one four men charged Wednesday, Jan. 29, 2014 in shooting death of 5-year-old Payton Benson who was struck by a stray bullet while eating breakfast in her Omaha home. (AP Photo/Omaha Police Department)

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Attorney General Eric Holder testifies on Capitol Hill in Washington, Wednesday, Jan. 29, 2014, before the Senate Judiciary Committee hearing oversight hearing on the Justice Department. As attorney general, Holder has approved pursuing the death penalty in at least 34 criminal cases, upholding a long-ago pledge to Congress that he would vigorously enforce federal law even though he’s not a proponent of capital punishment. (AP Photo/J. Scott Applewhite)

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Attorney General Eric Holder pauses while testifying on Capitol Hill in Washington, Wednesday, Jan. 29, 2014, before the Senate Judiciary Committee hearing oversight hearing on the Justice Department. (AP Photo/J. Scott Applewhite)