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U.S. v. PEPIN

No. 04-CR-156.

367 F.Supp.2d 315 (2005)

UNITED STATES of America, v. Humberto PEPIN, Defendant.

United States District Court, E.D. New York.

April 29, 2005.

Attorney(s) appearing for the Case

David L. Lewis, Lewis & Fiore, New York, NY, Richard D. Willstatter, Green & Willstatter, White Plains, NY, for Defendant.

Lee Joshua Freedman, United States Attorneys Office, Brooklyn, NY, for Plaintiff.

MEMORANDUM & ORDER

WEINSTEIN, Senior District Judge.

I. Introduction

The defendant, charged with a capital offense, moves to strike the government's Notice of Intent to Seek the Death Penalty ("death notice"). The death notice is a formal advisement of the government's intent to seek the defendant's execution in the event of conviction. It specifies the aggravating factors it will seek to prove. See 21 U.S.C. § 848(h)(1)(B). It...

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