Pope v. United States
Headline: Court vacates a death sentence under the federal bank-robbery law, finds the statute’s death-penalty provision constitutionally flawed like in Jackson, and sends the case back for resentencing and further review.
Holding: The Court vacated the defendant’s death sentence under the federal bank-robbery death-penalty provision, accepted the Government’s concession of a Jackson-like constitutional defect, and remanded the case for resentencing.
- Vacates this defendant’s death sentence and orders resentencing.
- Remands the case to the Eighth Circuit for further proceedings.
- Records the Government’s concession that the death-penalty provision is constitutionally infirm.
Summary
Background
A defendant was convicted by a jury and sentenced to death under the federal bank-robbery statute, 18 U.S.C. § 2113(e). The Solicitor General filed a memorandum for the United States conceding that the statute’s death-penalty provision “suffers from the same constitutional infirmity” as the federal kidnaping law at issue in United States v. Jackson. The Solicitor General expressly conceded that the petitioner’s sentence must be vacated and the cause remanded for resentencing.
Reasoning
The central question was whether the bank-robbery statute’s death-penalty provision could stand in light of the Government’s concession that it shares Jackson’s constitutional defect. The Court accepted the Government’s concession, conducted an independent examination of the record, and—without resolving any of the petitioner’s other claims—granted the motion to proceed in forma pauperis, granted the petition for review, vacated the judgment, and remanded the case to the Eighth Circuit for further proceedings consistent with this opinion.
Real world impact
As a direct result, the defendant’s death sentence in this case is vacated and the case returns to the Court of Appeals for resentencing and additional proceedings. The opinion records the Government’s view that the specific federal death-penalty provision is constitutionally flawed. The Court left other issues raised by the defendant unresolved, so further litigation in the lower courts will determine the final outcome for this case.
Dissents or concurrances
Justices Black and White dissented; their separate views rely on dissenting opinions referenced from United States v. Jackson and Lopinson v. Pennsylvania.
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