Aggravating factors need not outweigh mitigating factors beyond reasonable doubt to impose death penalty
SENTENCING United States v. Barrett, No. 06-7005, ___ F.3d ___ (10th Cir. Jul 25, 2007)(E.D. Oklahoma). Appeal of convictions and sentence for: (1) using and carrying firearm during drug-trafficking crime resulting in death of state law enforcement officer; and (2) using and carrying firearm in killing of state law enforcement officer during performance of his duties in violation of 21 U.S.C. § 848(e)(1)(B), 18 U.S.C. §§ 924(c)(1)(A) and (j). HELD: Sixth Amendment does not require that jury be instructed to find aggravating factors outweigh mitigating factors beyond a reasonable doubt in order to impose death penalty. Read the opinion here. |
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