United States v. Church

OPINION AND ORDER

JONES, District Judge.

The government seeks to impose the death penalty against the defendants under the Federal Death Penalty Act of 1994 for offenses that allegedly occurred in 1989. I find that the imposition of the death penalty under these circumstances would violate the Ex Post Facto Clause of the Constitution. On the other hand, I find that the offenses are not barred by the noncapital statute of limitations, since the limitations period depends on the capital nature of the crime, and not on whether the death penalty is in fact available for defendants in a particular'…