United States v. Daniel Lewis Lee, Also Known as Daniel Lewis Graham, Also Known as D.L. Graham, Also Known as Danny Lee

MURPHY, Circuit Judge.

Daniel Lewis Lee was convicted of murder in aid of racketeering, in violation of 18 U.S.C. § 1959(a)(1). The jury returned a verdict of death after the penalty phase, and a sentence of death was imposed under 18 U.S.C. § 3594. Later the district court granted Lee’s motion for a new penalty phase hearing. The government appeals, and we reverse.

I

The indictment charged Danny Lee and Chevie Kehoe with a number of offenses including murder in aid of racketeering in violation of 18 U.S.C. § 1959(a)(1). The defendants were accused of robbing and killing a gun dealer, his wife,…