United States v. Cuong Gia Le

MEMORANDUM OPINION

ELLIS, District Judge.

In this three defendant 1 multi-count RICO 2 prosecution, only one defendant— Cuong Gia Le — is subject to the death penalty if convicted of any one of the four capital offenses with which he is charged, specifically two counts of murder in aid of racketeering in violation of 18 U.S.C. § 1959(a)(1) and two counts of murder in the course of a firearms offense in violation of 18 U.S.C. § 924(c)(1) and 924(j). The question presented here is whether, pursuant to 18 U.S.C. § 3593(a) and United States v. Ferebe, 332 F.3d 722 (4th Cir.2003), the government’s…