U.S. v. LEE

No. 00-1975.

274 F.3d 485 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Daniel Lewis LEE, also known as Daniel Lewis Graham, also known as D.L. Graham, also known as Danny Lee, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 14, 2001.

Rehearing and Rehearing Denied: February 5, 2002.


Attorney(s) appearing for the Case

Gwynn X. Kinsey, Jr., argued, Washington, DC (Paul J. Casey, Daniel Stripling, Margaret P. Griffey, on the brief), for appellant.

Cathleen V. Compton, argued, Little Rock, AR (Jack T. Lssiter, on the brief), for appellee.

Before McMILLIAN, RICHARD S. ARNOLD, and MURPHY, Circuit Judges.


Rehearing and Rehearing En Banc Denied: February 5, 2002.

MURPHY, Circuit Judge.

Daniel Lewis Lee was convicted of murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1). The jury returned a verdict of death after the penalty phase, and a sentence of death was imposed under 18 U.S.C. § 3594. Later the district court granted Lee's motion for a new penalty phase hearing. The government appeals, and we reverse.

I.

The...

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