United States Second Circuit

Defendant's convictions for racketeering, drug-related murder, and the use of a firearm are affirmed where defendant's contention that he was unconstitutionally charged by information with a crime that could expose him to capital punishment, in violation of his Fifth Amendment right to indictment by a grand jury for a capital offense, failed because, while drug-related murder can be punishable by death if certain aggravating circumstances are specified in the charging instrument, no such aggravating factors were specified in the information.

Appellate Information

• Decided 08/06/2010
• Published 08/06/2010

Judges

• Gerald E. Lynch

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Brendan White, Richard M. Tucker