U.S. v. Fell, No. 02-1638 (2nd Cir.) (360 F.3d 135) (March 2, 2004) (Judge John M. Jr. Walker)
Here the Court vacated Judge Sessions’ decision, previously reported at 217 F.Supp.2d 469 (D.Vt. 2002), in which he declared the Federal Death Penalty Act (18 U.S.C. § 3591-98) unconstitutional. The Circuit court ruled that even though the evidentiary standard set forth in 18 U.S.C. § 3593(c) permits evidence during the ...
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