December 12, 2002

Petitions for writ of certiorari to the Court of Appeals for the Second Circuit granted and limited to the following questions:

"(1) Does the Federal Death Penalty Act of 1994 violate the Due Process Clause of the Fifth Amendment and the rights of confrontation and cross-examination guaranteed by the Sixth Amendment in light of the United States Supreme Court's recent decisions in Jones v. United States, 526 U.S. 227 (1999), Apprendi v. New Jersey, 530 U.S. 466 (2000), and Ring v. Arizona, 536 U.S. ___, 122 S. Ct. 2428 (2002)?
(2) Does the Federal Death Penalty Act of 1994 violate the Due Process Clause of the Fifth Amendment and the Cruel and Unusual Punishments Clause of the Eighth Amendment because 'innocent people are convicted of capital crimes with some frequency'?"