Legal Opinion

United States v. Cuong Gia Le

District Court, E.D. Virginia

Decided July 27, 2004No. CRIM. 1:03CR48PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

ELLIS, District Judge.

Defendant, Cuong Gia Le, in this capital murder prosecution challenges the Federal Death Penalty Act (“FDPA”) 1 on a variety of constitutional grounds. In addition, he also mounts a constitutional challenge to various aggravating factors set forth in the government’s Notice of Intent to Seek the Death Penalty (“Death Notice”). For the reasons that follow, these challenges fail; the FDPA passes constitutional muster, as do the various aggravating factors.

I

A history and summary of the allegations in this case may be found in previous memorandum opinions.…

2Cases cited50 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Furman v. GeorgiaSupreme Court of the United States · 1972
  4. Lockett v. OhioSupreme Court of the United States · 1978
  5. Ring v. ArizonaSupreme Court of the United States · 2002

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3Cited by6 opinions

  1. State v. ScottSupreme Court of Kansas · 2008
  2. United States v. CheeverDistrict Court, D. Kansas · 2006
  3. United States v. RodriguezDistrict Court, D. North Dakota · 2005
  4. United States v. UmanaDistrict Court, W.D. North Carolina · 2010
  5. State v. ScottSupreme Court of Kansas · 2008

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