UNITED STATES of America, Appellant,
v.
Alan QUINONES and Diego B. Rodriguez, Defendants Appellees,
Hector Vega, a/k/a Jimbo; Janet Soto; Milton Rivera; Joseph C. Brown; Johnny Rodriguez, a/k/a Blaze; Saul Hernandez; Raul Hernandez, a/k/a "Twin", a/k/a Carlos P. Luis; and Robert Veve, Defendants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued: October 21, 2002.
Decided: December 10, 2002.
Attorney(s) appearing for the Case
Meir Feder, Assistant United States Attorney (David B. Anders and David Rody, Assistant United States Attorneys, on the brief), for James B. Comey, United States Attorney for the Southern District of New York, New York, NY, for Appellant.
Samuel R. Gross, University of Michigan Law School, Ann Arbor, MI (Don D. Buchwald, Buchwald & Kaufman, New York, NY; Lee Ginsberg, Freeman, Nooter & Ginsberg, New York, NY; Jean Barrett, Ruhnke & Barrett, Montclair, NJ; Kevin McNally, Frankfort, KY; Avraham Moskowitz, Moskowitz & Book, New York, NY, on the brief), for Defendants-Appellees.
Barry C. Scheck, Innocence Project, Cardozo School of Law (Joshua L. Dratel, Peter Neufeld, on the brief), New York, NY, for Innocence Project, the National Association of Criminal Defense Attorneys, and New York Association of Criminal Defense Lawyers, Amicus Curiae.
Christopher Dunn, Arthur Eisenberg, and Donna Lieberman, New York Civil Liberties Union, New York, NY; Diann Rust-Tierney, American Civil Liberties Union Capital Punishment Project, Washington, DC; and Ursula Bentele, Brooklyn, NY, for New York Civil Liberties Union and American Civil Liberties Union Capital Punishment Project, Amicus Curiae.
Before: WINTER, McLAUGHLIN, and CABRANES, Circuit Judges.
United States Court of Appeals, Second Circuit.
JOSÉ A. CABRANES, Circuit Judge:
We consider here a challenge to the constitutionality of the Federal Death Penalty Act of 1994 ("FDPA"), Pub.L. No. 103-322, Title VI, §§ 60001-60026, 108 Stat.1959 (Sept. 13, 1994) (codified at 18 U.S.C. §§ 3591-3598).
Defendants Alan Quinones and Diego Rodriguez were indicted for, inter alia, murder in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(1) and 2. Shortly thereafter...
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