United States v. Candelario-Santana

MEMORANDUM OPINION

JOSÉ ANTONIO FUSTÉ, District Judge.

This matter comes before the court as a pre-trial determination whether the Defendant, Alexis Candelario-Santana (“Defen*193dant” or “Candelario-Santana”),1 is mentally retarded for the purposes of Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002), and the Federal Death Penalty Act, 18 U.S.C. § 3596(c).2 The court held three days of evidentiary hearings on this matter, on December 6, 7, and 21.3 Having carefully considered the parties’ arguments, the evidence before us, and the pertinent case law, this court now issues…