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Ronald Phillips is scheduled to be executed at the Southern Ohio Correctional Facility in Lucasville, Ohio, on Nov. 14 for the rape and killing of his girlfriend's 3-year-old daughter in 1993. The state plans to use an untried dose of two drugs for the lethal injection. (AP Photo/Ohio Department of Corrections)

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Death Penalty Ohio_Lea.jpg

Ronald Phillips is scheduled to be executed at the Southern Ohio Correctional Facility in Lucasville, Ohio, on Nov. 14 for the rape and killing of his girlfriend's 3-year-old daughter in 1993. The state plans to use an untried dose of two drugs for the lethal injection. (AP Photo/Ohio Department of Corrections)

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Health and Human Services Secretary Kathleen Sebelius takes part on a panel in San Antonio to answer questions about the Affordable Care Act enrollment on Friday, Oct. 25, 2013. (AP Photo/Eric Gay)

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In a Thursday, Oct. 17, 2013 photo, a group of sailors and Marines who failed the so-called “tape test” are led by an instructor on a three mile run as they work to improve their fitness and remain in the military, at the Marine Corps Recruit Depot in San Diego. Doctors say a number of military personnel are turning to liposuction to remove excess fat from around the waist so they can pass the Pentagon’s body fat test. Some service members say they have no other choice because the Defense Department’s method of estimating body fat is weeding out not just flabby physiques but bulkier, muscular builds. A number of fitness experts and doctors agree, and they’re calling for the military’s fitness standards to be revamped. (AP Photo/Lenny Ignelzi)

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In a Wednesday, Oct. 16, 2013 photo, overweight service member who failed the so-called "tape test" struggles doing sit ups during a workout where he hopes to improve his conditioning and avoid being dismissed from the military, at the Marine Corps Recruit Depot in San Diego. Doctors say a number of military personnel are turning to liposuction to remove excess fat from around the waist so they can pass the Pentagon's body fat test. Some service members say they have no other choice because the Defense Department's method of estimating body fat is weeding out not just flabby physiques but bulkier, muscular builds. A number of fitness experts and doctors agree, and they're calling for the military's fitness standards to be revamped. (AP Photo/Lenny Ignelzi)

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Military Fat Test.JPEG-01f95.jpg

In a Wednesday, Oct. 16, 2013 photo, overweight service member who failed the so-called "tape test" struggles doing sit ups during a workout where he hopes to improve his conditioning and avoid being dismissed from the military, at the Marine Corps Recruit Depot in San Diego. Doctors say a number of military personnel are turning to liposuction to remove excess fat from around the waist so they can pass the Pentagon's body fat test. Some service members say they have no other choice because the Defense Department's method of estimating body fat is weeding out not just flabby physiques but bulkier, muscular builds. A number of fitness experts and doctors agree, and they're calling for the military's fitness standards to be revamped. (AP Photo/Lenny Ignelzi)

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Military Fat Test.JPEG-03009.jpg

In a Thursday, Oct. 17, 2013 photo, a group of sailors and Marines who failed the so-called "tape test'' are led by an instructor on a three mile run as they work to improve their fitness and remain in the military, at the Marine Corps Recruit Depot in San Diego. Doctors say a number of military personnel are turning to liposuction to remove excess fat from around the waist so they can pass the Pentagon's body fat test. Some service members say they have no other choice because the Defense Department's method of estimating body fat is weeding out not just flabby physiques but bulkier, muscular builds. A number of fitness experts and doctors agree, and they're calling for the military's fitness standards to be revamped. (AP Photo/Lenny Ignelzi)

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U.S. Soldiers with the 4th Brigade Combat Team, 101st Airborne Division, participating in the Soldier, NCO of the Quarter, and Audie Murphy board, perform the sit-up portion of the Army physical fitness test at Forward Operating Base Salerno, Khost province, Afghanistan, July 14, 2013. (DoD photo by Sgt. Justin A. Moeller, U.S. Army/Released)

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** FILE ** Dr. Conrad Murray listens to the defense's closing arguments during his involuntary manslaughter trial in the death of singer Michael Jackson at the Los Angeles Superior Court on Thursday, Nov. 3, 2011. (Associated Press)