United States v. Pena-Gonzalez

OPINION AND ORDER

FUSTE, District Judge.

Defendant, Nicholas Peña-González, has been charged with a drug trafficking conspiracy in violation of 21 U.S.C. § 846 (Count I), conspiracy to commit firearms murder in relation to the drug trafficking conspiracy in violation of 18 U.S.C. § 924(o) (Count II), and firearms murder in relation to a drug trafficking offense in violation of 18 U.S.C. §§ 924(j) (Count III) Defendant moves to strike the death penalty certification in his case pursuant to 18 U.S.C. § 3005; Local Rule 428; Fed. R.Crim.P. 12; and the Fourteenth Amendment, U.S. Const., amend. XIV.

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