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U.S. v. ACOSTA-MARTINEZ

No. 00-2088.

252 F.3d 13 (2001)

UNITED STATES of America, Plaintiff, Appellant, v. Hector Oscar ACOSTA-MARTINEZ, a/k/a Gordo, and Joel Rivera-Alejandro, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 5, 2001.

Attorney(s) appearing for the Case

Robert J. Erickson, Department of Justice, with whom Guillermo Gil, United States Attorney, was on brief, for appellant.

Steven M. Potolsky for appellee Joel Rivera-Alejandro.

William D. Matthewman for appellee Hector Oscar Acosta-Martinez.

Timothy R. Macdonald, with whom Tim Atkeson and Arnold & Porter were on brief, for Amici Curiae Comisión De Derechos Civiles De Puerto Rico, Ciudadanos Contra La Pena De Muerte, and Colegio De Abogados De Puerto Rico.

Before LYNCH, Circuit Judge, COFFIN, Senior Circuit Judge, and SCHWARZER, Senior District Judge.

LYNCH, Circuit Judge.

This case raises the question of the applicability of the death penalty to defendants charged with certain federal crimes in the United States Courts in Puerto Rico.

Hector Oscar Acosta Martinez and Joel Rivera Alejandro were indicted for several federal crimes. Count One charged conspiracy to interfere with interstate commerce by extortionate means, in violation of 18 U.S.C. § 1951(a). Count Two charged using or carrying a firearm...

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