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From Kelli Arena
CNN Justice Correspondent

WASHINGTON (CNN) -- The Justice Department has agreed not to seek the death penalty against James Kopp, one of the FBI's 10 most wanted fugitives, who is charged with the 1998 killing of an abortion doctor in the Buffalo area.

A government source said the agreement was reached to clear the way for his extradition to the United States from France.

Kopp was captured in March in France after a two-year manhunt. He has been charged with the 1998 killing of Dr. Bernard Slepian, a Buffalo New York obstetrician who performed abortions.

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The Justice Department is finalizing the agreement with French authorities, the source said.