United States v. Davis

ORDER AND REASONS

BERRIGAN, District Judge.

The Court requested counsel for all parties to brief the issue of whether the defendants should be permitted to challenge the sufficiency of the evidence of guilt in their re-sentencing hearings. Specifically, the Court asked for help in deciding whether “residual doubt” regarding guilt, including any element of the offense necessary for conviction, was an appropriate mitigating factor that could be presented and argued to the jury, either as a matter of right or as an exercise of judicial discretion. “Residual doubt” has been defined as “a lingering…