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U.S. v. CHURCH

No. 1:00CR00104.

151 F.Supp.2d 715 (2001)

UNITED STATES of America v. Walter Lefight CHURCH and Samuel Stephen Ealy, Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

July 9, 2001.

Attorney(s) appearing for the Case

Thomas J. Bondurant, Jr., and Anthony P. Giorno, Office of the United States Attorney, Roanoke, Virginia, for United States of America.

James C. Turk, Jr., Stone, Harrison & Turk, P.C., Radford, Virginia, and Beverly M. Davis, Davis, Davis & Davis, Radford, Virginia, for Defendant Walter Lefight Church.

Thomas R. Scott, Jr., Street Law Firm, Grundy, Virginia, and Thomas M. Blaylock, Roanoke, Virginia, for Defendant Samuel Stephen Ealy.

OPINION AND ORDER

JONES, District Judge.

The government seeks to impose the death penalty against the defendants under the Federal Death Penalty Act of 1994 for offenses that allegedly occurred in 1989. I find that the imposition of the death penalty under these circumstances would violate the Ex Post Facto Clause of the Constitution. On the other hand, I find that the offenses are not barred by the noncapital...

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