United States Ninth Circuit

In a capital murder prosecution, the denial of defendant's motion to dismiss his superseding indictment is affirmed where the plain text of 18 U.S.C. section 1111(b) mandated that the court of appeals continue to categorize first degree murder as a crime punishable by death.

Appellate Information

• Argued 03/05/2010
• Decided 05/19/2010
• Published 05/19/2010

Judges

• Before A. WALLACE TASHIMA, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• James A. McDevitt, United States Attorney, and Joseph H. Harrington (argued), Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee., Stephen R. Hormel, Hormel Law Office, L.L.C., Spokane Valley, WA, for the defendant-appellant.