United States v. Julius Omar Robinson, Also Known as Face, Also Known as Scar, Also Known as Scarface

JERRY E. SMITH, Circuit Judge:

Julius Robinson challenges his conviction and death sentence on several grounds, the most salient of which is that he was deprived of the Fifth Amendment right to stand trial only on crimes set forth in an indictment issued by a grand jury. The government concedes that the indictment is constitutionally deficient inasmuch as it fails specifically to charge the aggravating factors that render Robinson eligible for the death penalty. The govern ment contends, however, that the error is harmless.

Robinson also avers that the Federal Death Penalty Act (“FDPA”), 18…