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U.S. v. JIMÉNEZ-BENCEVÍ

Criminal No. 12-221 (JAF).

934 F.Supp.2d 360 (2013)

UNITED STATES of America, Plaintiff, v. Xavier JIMÉNEZ-BENCEVÍ, Defendant.

United States District Court, D. Puerto Rico.

March 21, 2013.

Attorney(s) appearing for the Case

Ilianys Rivera-Miranda , Luke V. Cass , United States Attorney's Office, District of Puerto Rico, San Juan, PR, James Dennis Peterson , United States Department of Justice, Capital Case Unit, Washington, DC, Jose Capo-Iriarte , United States Attorneys' Office, Hato Rey, PR, for Plaintiff.

Juan R. Acevedo-Cruz , San Juan, PR, for Defendant.

MEMORANDUM OPINION

JOSE ANTONIO FUSTE, District Judge.

We must decide whether Xavier Jiménez-Benceví, a defendant facing capital charges, qualifies as mentally retarded1 and, therefore, may not be sentenced to death. See Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding that the execution of...

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