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U.S. v. HENDERSON

No. 02 CR 451(RO).

461 F.Supp.2d 133 (2006)

UNITED STATES of America, v. Darryl HENDERSON and Charod Becton, Defendants.

United States District Court, S.D. New York.

October 11, 2006.

Attorney(s) appearing for the Case

David M. Body, Katherine A Lemire, Assistant United States Attorneys (Michael J. Garcia, U.S. Attorney, SDNY), for Plaintiff.

Avraham C. Moskowitz and Jay Schiffman, Moskowitz & Book, LLP, and Jeremy Schneider, Rothman Schneider, Soloway & Stern, New York City, for Defendant Charod Becton.

Mark B. Gombiner and John J. Byrnes, Federal Defenders of New York Inc., and Sanford N. Talkin, Talkin, Muccigrosso & Roberts, New York City, for Defendant Darryl Henderson.

OPINION & ORDER

OWEN, District Judge.

Before me in this capital case are motions of defendants Charod Becton and Darryl Henderson seeking an order (1) declaring the death penalty provisions of 18 U.S.C. § 3591 et seq., the Federal Death Penalty Act ("FDPA"), unconstitutional; (2) striking mental intent factors from the Government's Notices of Intent to Seek the Death Penalty ("Notices"); (3) striking various statutory and non-statutory aggravating...

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