United States v. Con-ui

MEMORANDUM

A. Richard Caputo, United States District Judge

Presently before me is the government’s Motion in Limine to Preclude Comparative Proportionality Evidence (Doc. 918). For the reasons that follow, the motion will be granted.

I. Analysis

The government asks me to preclude Defendant from introducing at the penalty phase “comparative proportionality evidence,” that is, information on other capital prosecutions, defendants, and victims, and, in particular, similarly-situated capital cases in which a sentence of death was not pursued or imposed. Comparative proportionality evidence is aimed…