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U.S. v. PEPIN TAVERAS

No. 04-CR-156(JBW).

401 F.Supp.2d 304 (2005)

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

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

December 6, 2005.

Attorney(s) appearing for the Case

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

MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

I. Introduction

In this capital prosecution, defendant moves to strike Count Two of the Third Superseding Indictment ("the indictment") on the grounds that it violates the Ex Post Facto Clause of the United States Constitution. He argues that, since the death penalty statute under which he is charged did not exist at the time of the...

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