United States v. Agofsky

BENAVIDES, Circuit Judge:

In this direct criminal appeal, Shannon Agofsky challenges his two capital murder convictions and two death sentences, which arise out of a single killing. We vacate the convictions because, under the circumstances of this case, the dual murder convictions violated Agofsky’s double jeopardy rights. We remand for the Government to elect which conviction and death sentence should remain.

I. BACKGROUND

The Government charged Agofsky with two types of capital murder. Count 1 of the indictment charged Agofsky with premeditated murder by a federal prisoner serving a term of…