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U.S. v. FELL

No. 2:01-CR-12-01.

217 F.Supp.2d 469 (2002)

UNITED STATES of America v. Donald FELL

United States District Court, D. Vermont.

September 24, 2002.

Attorney(s) appearing for the Case

William B. Darrow, Asst. U.S. Attorney, Gregory Lane Waples, Office of the United States Attorney, District of Vermont, Burlington, VT, for U.S.

Alexander Bunin, Gene Primono, AFPD, Office of the Federal Public Defender, Albany, NY, for Donald Fell.

OPINION AND ORDER

SESSIONS, District Judge.

In two motions Defendant Donald Fell has moved this Court to declare the Federal Death Penalty Act of 1994 ("FDPA" or the "Act") unconstitutional. For the reasons that follow, Fell's motions (Docs. 44 and 65) are granted on the ground that the FDPA's § 3593(c)'s direction to ignore the rules of evidence when considering information relevant to death penalty eligibility is a violation of the Due Process...

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