United States v. John Javilo McCullah

PAUL KELLY, Jr., Circuit Judge.

This appeal challenges a death sentence imposed under the Anti-Drug Abuse Act of 1988, 21 U.S.C. § 848(e). Defendant-appellant John Javilo MeCullah was convicted of drug conspiracy, 21 U.S.C. § 846 (Count 1); conspiracy, 18 U.S.C. § 371 (Count 13); interstate travel with intent to commit murder, 18 U.S.C. §§ 1958, 2 (Count 14); and murder in furtherance of a continuing criminal enterprise, 21 U.S.C. § 848(e) and 18 U.S.C. § 2 (Count 16), and sentenced to death on the capital murder charge. Mr. MeCullah appeals both his conviction and sentence on the capital…