United States Second Circuit

District court erred in declaring the Federal Death Penalty Act unconstitutional. Though the evidentiary standard set forth in 18 U.S.C. section 3593(c) permits evidence during the sentencing phase of a capital trial that would be inadmissible under the Federal Rules of Evidence, it does not alter a district court's obligation to exclude evidence the admission of which would violate a defendant's Constitutional Rights.

Appellate Information

• Argued 04/08/2003
• Decided 03/02/2004
• Published 03/02/2004

Judges

• JOHN M. WALKER, Jr., Chief Judge., Before:  WALKER, Chief Judge, WINTER, Circuit Judge, and CARMAN, Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert J. Erickson, Deputy Chief, Appellate Section, Criminal Division, United States Department of Justice, Washington, D.C. (Peter W. Hall, United States Attorney for the District of Vermont, Burlington, VT, on the brief), for Appellant.


• For Appellees:
  
• Alexander Bunin, Federal Public Defender, Albany, N.Y. (Gene V. Primomo, Assistant Federal Public Defender, Albany, NY, Paul S. Volk, Blodgett, Watts & Volk, Burlington, VT, and Adam Thurschwell, of counsel, on the brief), for Defendant-Appellee.