Stitt v. United States

MEMORANDUM OPINION & ORDER

JACKSON, District Judge.

Before the Court is the question of Petitioner’s resentencing following this Court’s earlier Order vacating Petitioner’s death sentence. For the reasons stated below, this Court will ORDER the parties to attend a sentencing hearing without convening a new jury for the purpose of considering the death penalty.

I. FACTUAL AND PROCEDURAL HISTORY

On February 17, 1999, after a jury trial and subsequent penalty phase, the Court sentenced Petitioner to death on each of three counts of Murder During a Continuing Criminal Enterprise in violation of 21…