United States v. Jiménez-Benceví

MEMORANDUM OPINION

JOSÉ ANTONIO FUSTÉ, District Judge.

We must decide whether Xavier Jiménez-Benceví, a defendant facing capital charges, qualifies as mentally retarded1 *362and, therefore, may not be sentenced to death. See Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding that the execution of mentally retarded persons constitutes cruel and unusual punishment in violation of the Eighth Amendment). After having considered the testimony and evidence presented, we conclude that Jiménez-Benceví is not mentally retarded and is therefore eligible to be tried as a capital…