United States Second Circuit

Appeal from denial of motion to strike government's death penalty notice, filed by defendant in a capital murder case pending in federal court, is dismissed for lack of appellate jurisdiction over claim that the death notice was not provided a reasonable time before trial as required by the Federal Death Penalty Act, 18 U.S.C. section 3593(a).

Appellate Information

• Decided 01/05/2007
• Published 01/08/2007

Judges

• B.D. PARKER, JR., Circuit Judge., Before B.D. PARKER, WESLEY, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• David A. Ruhnke (Jean D. Barrett, on the brief), Ruhnke & Barrett, Montclair, NJ, for Defendant-Appellant Kenneth McGriff., Barbara D. Underwood, Counsel to the United States Attorney (Linda A. Lacewell, Carolyn Pokorny, Assistant United States Attorneys, of counsel) for Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, for Appellee United States of America.