United States v. John Fred Woolard and Dempsey A. Bruner

PATRICK E. HIGGINBOTHAM, Circuit Judge:

On October 9, 1991 Woolard and Bruner were indicted in the Southern District of Mississippi for the murder of Robert L. McGhee, an officer of the National Park Service “with malice aforethought, premeditation,” and during the commission of an escape, contrary to 18 U.S.C. §§ 1111, 1114 and 2. When the prosecution gave required notice of intent to seek the death penalty, defendants moved to strike the death penalty as a possible sentence contending that the federal capital sentencing provision, § 1111, was unconstitutional. The district court granted the…