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U.S. v. YOUNG

No. 05-5846.

424 F.3d 499 (2005)

UNITED STATES of America, Plaintiff-Appellant, v. Donnell YOUNG, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 29, 2005.

Attorney(s) appearing for the Case

ARGUED: Joseph F. Palmer, United States Department of Justice, Washington, D.C., for Appellant. Richard Kammen, Gilroy, Kammen & Hill, Indianapolis, Indiana, for Appellee. ON BRIEF: Joseph F. Palmer, United States Department of Justice, Washington, D.C., Sunny A.M. Koshy, Philip H. Wehby, Assistant United States Attorneys, Nashville, Tennessee, for Appellant. Richard Kammen, Gilroy, Kammen & Hill, Indianapolis, Indiana, Thomas F. Bloom, Nashville, Tennessee, for Appellee.

Before: GUY, BATCHELDER, and GILMAN, Circuit Judges.

OPINION

RALPH B. GUY, JR., Circuit Judge.

The government appeals from the order granting defendant Donnell Young's motion to empanel separate juries to hear the guilt and penalty phases of his trial on capital and noncapital offenses. The district court found it had authority under 18 U.S.C. § 3593(b)(2)(C), on a showing of "good cause," to decide to empanel a non-death-qualified jury to determine the question of guilt and then, if convicted of a capital...

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