U.S. v. BOURGEOIS

No. 04-40410.

423 F.3d 501 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred BOURGEOIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 25, 2005.


Attorney(s) appearing for the Case

Tony Ray Roberts (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for U.S.

John S. Gilmore, Jr. (argued), Joel Douglas Tinker, Tinker & Muschenheim, Corpus Christi, TX, for Bourgeois.

Before JOLLY, WIENER and DENNIS, Circuit Judges.


WIENER, Circuit Judge:

Defendant-Appellant Alfred Bourgeois was convicted of murdering his two-year-old daughter ("JG") and sentenced to death under the Federal Death Penalty Act ("FDPA"). Bourgeois challenges his conviction and sentence on grounds that (1) the government failed to charge any aggravating factors in the indictment, (2) the FDPA statutory-intent factor that renders a defendant with a reckless state of mind eligible for the death penalty violates the...

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