United States First Circuit

In a case in which defendant plead to the crime of carjacking resulting in death and the jury sentenced him to under the Federal Death Penalty Act (FDPA) 18 U.S.C. sections 3591–3599, the District Court's denial of defendant's motion in limine to dismiss or strike two non-statutory aggravating factors the prosecution intends to present in a second penalty-phase proceeding under the FDPA is affirmed where under Supreme Court precedent, defendant's claims of Double Jeopardy violation must be rejected.

Appellate Information

• Published 2016/08/04

Judges

• LYNCH

Court

• United States First Circuit

Counsel