Pope v. United States

The petitioner was convicted by a jury and sentenced to death under the Federal Bank Robbery Act, 18 U. S. C. § 2113(e). The Solicitor General has filed a memorandum for the United States conceding that this death penalty provision “suffers from the same constitutional infirmity” as that found in the Federal Kidnaping Act, 18 U. S. C. § 1201 (a). United States v. Jackson, 390 U. S. 570. Accordingly, the Solicitor General concedes that the petitioner’s “sentence must be vacated and the cause remanded ... for resentencing.” In light of this concession and upon an independent examination of the…