United States v. Caro

OPINION

JONES, Chief Judge.

In this capital case, the jury recommended a death sentence after convicting the defendant Carlos David Caro, a federal inmate, of first degree pre-meditated murder. See 18 U.S.C.A. § 1111(a) (West Supp.2006). This opinion more fully explains the court’s decisions regarding contested jury instructions at the penalty phase of the trial.

Following the defendant’s conviction for murdering his cellmate, Roberto Sandoval, the trial proceeded to a bifurcated capital sentencing hearing. 1 The jury considered in the first phase whether the defendant was eligible for the death…