United States v. Denis

ORDER DENYING MOTIONS TO DISMISS AND TO STRIKE

MORENO, District Judge.

Defendant Jose Denis, charged in Count IV with using and carrying a firearm during a drug trafficking crime resulting in death, 1 has received notice that the United States will seek a sentence of death if Defendant is convicted. Defendant moved to preclude the government from seeking the death penalty by filing a motion challenging the constitutionality of the Federal Death Penalty Act (“FDPA”) and to strike the Government’s notice of its intent to seek death for numerous reasons, including an allegation that the FDPA…