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U.S. v. JACQUES

Docket No. 11-2142-cr.

684 F.3d 324 (2012)

UNITED STATES of America, Appellant, v. Michael JACQUES, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: July 9, 2012.

Attorney(s) appearing for the Case

William B. Darrow , Assistant United States Attorney ( Craig S. Nolan , Paul J. Van De Graaf , and Gregory L. Waples , Assistant United States Attorneys, on the brief,) for Tristram J. Coffin, United States Attorney for the District of Vermont, Burlington, VT, for Appellant.

David A. Ruhnke ( Jean D. Barrett , Ruhnke & Barrett, Montclair, NJ, and Michael L. Desautels and Barclay T. Johnson , Office of the Federal Public Defender, Burlington, VT, on the brief), Ruhnke & Barrett, Montclair, NJ, for Defendant-Appellee.

Before: WINTER, CHIN, and DRONEY, Circuit Judges.

WINTER, Circuit Judge:

The government appeals from Judge Sessions's in limine ruling excluding certain evidence from the penalty phase of a death penalty case. After obtaining an indictment against Michael Jacques for the kidnapping, rape, and murder of a 12-year-old girl, the government filed a Notice of Intent to Seek the Death Penalty ("Notice"). Included in the Notice, as required by the Federal Death Penalty Act, 18 U.S.C. § 3591, et seq.,...

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